Opinion
WR-93 585-01
03-30-2022
EX PARTE BRANDON DESHAWN HUMES, Applicant
Do not publish
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. C-1-W012042-1483296-A IN THE CRIMINAL DISTRICT COURT NO. 1 FROM TARRANT COUNTY
OPINION
Per curiam.
Applicant was convicted of murder and sentenced to fifty-five years' imprisonment. The Second Court of Appeals affirmed his conviction. Humes v. State, No. 02-17-00419-CR (Tex. App. - Fort Worth, Feb. 14, 2019, 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.
Applicant contends that appellate counsel failed to timely inform Applicant that his conviction had been affirmed and advise him of his right to file a pro se petition for discretionary review. Counsel states he timely informed Applicant of his rights via letter but Applicant did not receive the letter. Based on the record, this Court has determined that Applicant would have timely filed a petition for discretionary review but for a break-down in the system.
Relief is granted. Ex parte Riley, 193 S.W.3d 900 (Tex. Crim. App. 2003); 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 Second Court of Appeals in cause number 02-17-00419-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.