Opinion
NO. WR-38,414-05
03-20-2019
EX PARTE ANTHONY DEON JOHNSON, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 15-07-07053-CR(1) IN THE 9TH DISTRICT COURT FROM MONTGOMERY 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 cocaine possession and sentenced to forty-five years in prison as a habitual felon. The Ninth Court of Appeals affirmed the conviction. Johnson v. State, No. 09-17-00058-CR (Tex. App.—Beaumont Apr. 4, 2018).
Applicant contends that he was denied his right, through no fault of his own, to pursue a pro se petition for discretionary review in this Court after his conviction was affirmed by the Ninth Court of Appeals. The trial court recommends that relief be granted, and the habeas record supports the recommendation. See Ex parte Riley, 193 S.W.3d 900 (Tex. Crim. App. 2006); 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 is entitled to the opportunity to file an out-of-time petition for discretionary review of the judgment of the Ninth Court of Appeals in Cause No.09-17-00058-CR (Tex. App.—Beaumont Apr. 4, 2018) that affirmed his conviction in Cause No. 15-07-07053-CR from the 9th District Court of Montgomery 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.
Copies of this opinion shall be sent to the Texas Department of Criminal Justice-Correctional Institutions Division and Pardons and Paroles Division. Delivered: March 20, 2019
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