The opinion
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-97,532-01
EX PARTE FRANK DILLARD PROCTOR, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 2023-717-C2A IN THE 54TH DISTRICT COURT
MCLENNAN COUNTY
Per curiam.
OPINION
Applicant was convicted of unlawful possession of a firearm by a felon and
sentenced to forty-five years’ imprisonment. The Tenth Court of Appeals
affirmed his conviction. Proctor v. State, No. 10-24-00184-CR (Tex. App. —Waco
Aug. 21, 2025). 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.
2
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. Based on the record, the trial court has
determined that, due to happenstance, Applicant was not afforded a full and fair
opportunity to present 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 Tenth Court of Appeals in cause number 10-24-00184-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.
Delivered: APRIL 30, 2026
Do not publish