Opinion
NO. WR-91,832-01
10-21-2020
EX PARTE MARTIN GORMLEY, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 1469800-A IN THE 184TH DISTRICT COURT FROM HARRIS COUNTY
Per curiam. OPINION
Applicant was convicted of super-aggravated sexual assault of a child and sentenced to forty-four years' imprisonment. The First Court of Appeals affirmed his conviction. Gormley v. State, No. 01-16-00717-CR (Tex. App.—Nov. 16, 2017) (not designated for publication). 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.
In a single ground, Applicant contends that he was denied his right to file a petition for discretionary review (PDR). The trial court made findings of fact and conclusions of law but did not determine whether Applicant was entitled to an out-of-time PDR. Based on the totality of the record, we conclude that Applicant is entitled to an out-of-time PDR.
Relief is granted. 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 may file an out-of-time PDR of the judgment of the First Court of Appeals in cause number 01-16-00717-CR. Should Applicant decide to file a PDR, 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. Delivered: October 21, 2020
Do not publish