The opinion
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-92,459-01
EX PARTE JACK GERALD LARKINS, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. CR14002677-H(1) IN THE 347TH DISTRICT COURT
FROM NUECES COUNTY
Per curiam.
OPINION
Applicant was convicted of two counts of aggravated sexual assault, one count of theft, and
one count of aggravated kidnapping and sentenced to 80 years’ imprisonment for each of the
aggravated sexual assault counts, 180 days in county jail for the theft count, and fifty years’
imprisonment for the aggravated kidnapping count. The Thirteenth Court of Appeals affirmed his
conviction. Larkins v. State, No. 13-16-00356-CR (Tex. App. — Corpus Christi - Edinburg October
18, 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 advise him of his right to file a pro se
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petition for discretionary review. Based on the record, the trial court has determined that appellate
counsel’s performance was deficient and that Applicant would have timely filed a petition for
discretionary review but for 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 Thirteenth Court of Appeals in cause number 13-16-00356-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 14, 2021
Do not publish