Opinion
NO. WR-89,381-01
02-06-2019
EX PARTE CHANCE WILLIAM MOORE, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. C-371-W011420-1464825-A IN THE 371 DISTRICT COURT 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 continuous sexual abuse of a child and indecency by contact and sentenced to forty years' and ten years' imprisonment, respectively. The Second Court of Appeals affirmed his convictions. Moore v. State, No. 02-17-00277-CR (Tex. App.—Fort Worth Aug. 16, 2018) (not designated for publication).
Applicant contends that a breakdown in the system prevented him from pursuing a petition for discretionary review. Ex parte Riley, 193 S.W.3d 900 (Tex. Crim. App. 2006).
The trial court has entered findings of fact and conclusions of law that Applicant was prevented from exercising his right to file a pro se petition for discretionary review through no fault of his own. The trial court recommends that relief be granted.
We find, therefore, that 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. 02-17-00277-CR that affirmed his convictions in Cause No. 02-17-00277-CR from the 371 District Court 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: February 6, 2019
Do not publish