Birdow, Austin D.

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-95,016-01

EX PARTE AUSTIN D. BIRDOW, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 1463975-A IN THE 228TH DISTRICT COURT
FROM HARRIS COUNTY

Per curiam.

OPINION

Applicant was convicted of murder and sentenced to life imprisonment. The Fourteenth

Court of Appeals affirmed his conviction. Birdow v. State, No. 14-16-00894-CR (Tex.

App.—Houston [14th] Feb. 22, 2018)(not designated for publication). Applicant filed this

application for a writ of habeas corpus in the county of conviction, and the district clerk forwarded

it to this Court. See TEX. CODE CRIM. PROC. art. 11.07.

Applicant contends that appellate counsel failed to timely inform Applicant that his

conviction had been affirmed. Based on the record, the trial court has determined that appellate

counsel’s performance was deficient and that Applicant would have timely filed a petition for

discretionary review but for counsel’s deficient performance.
2

Relief is granted. Ex parte Wilson, 956 S.W.2d 25 (Tex. Crim. App. 1997); Ex parte Crow,

180 S.W.3d 135 (Tex. Crim. App. 2005). Applicant may file an out-of-time petition for

discretionary review of the judgment of the Fourteenth Court of Appeals in cause number 14-16-

00894-CR. Should Applicant decide to file a petition for discretionary review, he must file it with

this Court within thirty days from the date of this Court’s mandate.

Copies of this opinion shall be sent to the Texas Department of Criminal Justice–Correctional

Institutions Division and the Board of Pardons and Paroles.

Delivered: January 31, 2024
Do not publish