Opinion
PD-0154-21
10-20-2021
ROHN M. WEATHERLY, Appellant v. THE STATE OF TEXAS
DO NOT PUBLISH
ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW FROM THE SECOND COURT OF APPEALS TARRANT COUNTY
Richardson, J., filed a concurring opinion.
Today the Court refuses Appellant's Petition for Discretionary Review. We have previously explained that "[t]his Court does not lack jurisdiction to consider Applicant's habeas application. . . . [t]herefore, this Court will abstain from deciding Applicant's habeas claims until Applicant has exhausted his appellate remedies with regard to the judgment nunc pro tunc." Ex parte Weatherly, No. WR-61, 215-09 (Tex. Crim. App. February 26, 2020) (not designated for publication).
While I agree with the Court's decision, I write separately to indicate that Appellant may be entitled to relief under Article 11.07 of the Texas Code of Criminal Procedure, as we noted in the prior order cited above.