Opinion
WR-96,009-01
10-09-2024
EX PARTE JUAN ARMANDO MELGAR, Applicant
Do not publish
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 1253288-A IN THE 184TH DISTRICT COURT FROM HARRIS COUNTY
OPINION
PER CURIAM.
Applicant was convicted of aggravated sexual assault of a child under 14 years and sentenced to thirty-five years' imprisonment. The Fourteenth Court of Appeals affirmed his conviction. Melgar v. State, No. 14-22-00755-CR (Tex. App. - Houston [14th Dist.] May 14, 2024). 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 he was denied his right to file a pro se Petition for Discretionary Review (PDR) because of a breakdown in the system. Based on the record, the trial court has found Applicant is entitled to an out-of-time PDR.
Relief is granted. Ex parte Riley, 193 S.W.3d 900 (Tex. Crim. App. 2003). Applicant may file an out-of-time petition for discretionary review of the judgment of the Fourteenth Court of Appeals in cause number 14-22-00755-CR from the 184th District Court of Harris County. 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.