Opinion
NO. WR-90,963-01
04-01-2020
EX PARTE DON WILBURN COLLINS, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 15-01-00728-CR(1) IN THE 359 DISTRICT COURT FROM MONTGOMERY COUNTY Per curiam. OPINION
Applicant was convicted of capital murder and sentenced to 40 years' imprisonment. The Ninth Court of Appeals affirmed his conviction. Collins v. State, No. 09-15-00089-CR (March 29, 2017, no pet.). 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.
This computer-generated application does not duplicate the formatting of this Court's Art. 11.07 writ application form and is therefore non-compliant. See TEX. R. APP. P. 73.2. However, the State agrees with the trial court's recommendation to grant relief. Therefore this Court will not dismiss the application. See Ex parte Golden, 991 S.W.2d 859 (Tex. Crim. App. 1999).
Applicant contends, among other things, that appellate counsel failed to timely file a PDR in this Court. Based on the record, the trial court has determined that appellate counsel's performance denied Applicant the opportunity to file a PDR.
Relief is granted. We find that Applicant is entitled to the opportunity to file an out-of-time PDR of the judgment of the Ninth Court of Appeals in case number 09-15-00089-CR that affirmed his conviction in Cause No. 15-01-00728 from the 359 District Court of Montgomery County. Applicant shall file his PDR with this Court within 30 days of the date on which this Court's mandate issues. Applicant's remaining grounds are dismissed. Delivered: April 1, 2020
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