Opinion
NO. WR-87,410-01
05-02-2018
EX PARTE DAMIAN LAMON MURKLEDOVE, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. C-4-011126-1197207-A IN THE CRIMINAL DISTRICT COURT NO. 4 FROM TARRANT COUNTY
Per curiam. OPINION
Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of capital murder and sentenced to life imprisonment. The Second Court of Appeals affirmed his conviction. Murkledove v. State, No. 02-12-00194-CR (Tex. App.—Fort Worth May 15, 2014).
Applicant contends that he was denied his right to pursue a petition for discretionary review in this Court through no fault of his own. Ex parte Wilson, 956 S.W.2d 25, 26 -27 (Tex. Crim. App. 1997); Ex parte Crow, 180 S.W.3d 135, 138-39 (Tex. Crim. App. 2005); Ex parte Riley, 193 S.W.3d 900 (Tex. Crim. App. 2006). The trial court has entered findings of fact and recommends that a late PDR be granted. The findings and recommendation are supported by the habeas record supplied to this Court.
Applicant is entitled to the opportunity to file an out-of-time petition for discretionary review of the judgment of the Second Court of Appeals in Cause No. 02-12-00194-CR that affirmed his conviction in Cause No. 1197207D from the Criminal District Court No. 4 of Tarrant County. Applicant shall file his petition for discretionary review with this Court within 30 days of the date on which this Court's mandate issues. Delivered: May 2, 2018
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