The opinion
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-93,719-01
EX PARTE BRYAN O. KOSSIE, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 1356861-A IN THE 176TH DISTRICT COURT
FROM HARRIS COUNTY
Per curiam.
OPINION
Applicant was convicted of murder and sentenced to forty-five years’ imprisonment. The
Fourteenth Court of Appeals affirmed his conviction. Kossie v. State, No. 14-14-00991-CR (Tex.
App. – Houston [14th Dist.] April 5, 2016) (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, among other things, that he was denied his right to petition this Court
for discretionary review because his 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 appellate counsel suffered a
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debilitating stroke approximately one month before the court of appeals issued its opinion, and that
it is unlikely that appellate counsel provided Applicant with the requisite notice. The trial court finds
that Applicant was denied his right to file a petition for discretionary review due to a “breakdown
in the system.” Ex parte Riley, 193 S.W. 3d 900 (Tex. Crim. App. 2006).
Relief is granted. Applicant may file an out-of-time petition for discretionary review of the
judgment of the Fourteenth Court of Appeals in cause number 14-14-00991-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: May 4, 2022
Do not publish