The opinion
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-91,487-01
EX PARTE JOHN WALTER RAYBON, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 51631-C-1 IN THE 89TH DISTRICT COURT
FROM WICHITA COUNTY
Per curiam.
OPINION
Applicant was convicted of two counts of retaliation and sentenced to ten years’ imprisonment
on each count. The Second Court of Appeals affirmed his conviction. Raybon v. State, 01-12-
00071-CR (Tex. App.—Ft. Worth, Aug. 15, 2013)(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 agreed to file a petition for discretionary review on
Applicant’s behalf, but miscalculated the deadline. Appellate counsel has signed an affidavit
confirming Applicant’s allegations. Based on the record, appellate counsel’s performance was
deficient and that Applicant would have timely filed a petition for discretionary review but for
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counsel’s deficient performance.
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 petition for discretionary
review of the judgment of the Second Court of Appeals in cause number 02-12-00071-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: August 19, 2020
Do not publish