The opinion
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-94,273-01
EX PARTE ANTHONY LEXINGTON KOPYCINSKI, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 85949-CR-A IN THE 149TH DISTRICT COURT
FROM BRAZORIA COUNTY
Per curiam.
OPINION
Applicant was convicted of murder and sentenced to life years’ imprisonment. The
Thirteenth Court of Appeals affirmed his conviction. Kopycinski v. State, No. 13-20-00548-CR
(Tex. App.—Corpus Christi-Edinburgh, May 26, 2022) (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 essentially contends that he did not receive appellate counsel’s notice of the court
of appeals’s judgment and advisement of the right to file a pro se petition for discretionary review
until after the deadline for filing such a petition had passed. The State and the trial court both
recommend that Applicant be allowed to file an out-of-time pro se petition for discretionary review.
2
According to the record, appellate counsel timely sent a letter to Applicant advising him of the court
of appeals’s ruling and his right to file a pro se petition for discretionary review; however, the letter
was returned to appellate counsel as undeliverable because Applicant had been removed from the
address of his last known prison unit. By the time Applicant received appellate counsel’s second
letter, the deadline for filing, as well as the deadline for requesting an extension to file, a petition for
discretionary review had both passed.
Relief is granted. Applicant may file an out-of-time petition for discretionary review of the
judgment of the Thirteenth Court of Appeals in cause number 13-20-00548-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: November 16, 2022
Do not publish