Opinion
WR-93 405-01
02-02-2022
EX PARTE SAMUEL MASCORRO, Applicant
Do not publish
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 074082-01-E-WR IN THE 108TH DISTRICT COURT FROM POTTER COUNTY
Yeary and Slaughter, JJ., concurred in the result.
OPINION
PER CURIAM.
Applicant was convicted of aggravated robbery and sentenced to life imprisonment. The Seventh Court of Appeals affirmed his conviction. Mascorro v. State, No. 07-17-00262-CR (Tex. App.-Amarillo, Nov. 6, 2018) (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.
Applicant contends that appellate counsel failed to timely inform Applicant that his conviction had been affirmed and advise him of his right to file a pro se petition for discretionary review. The trial court made findings based, in part, on a letter from appellate counsel to Applicant provided by the State and documentation from the prison's mail room. Among other things, the court 1 found that counsel attempted to timely notify Applicant of the appellate opinion and of his right to file a Petition for Discretionary Review, and that Applicant's prison mail room has "no record indicating mail received for" Applicant. Based on the record, the trial court has determined that Applicant was denied his right to file a pro se petition for discretionary review.
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 Seventh Court of Appeals in cause number 07-17-00262-CR. 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. 2