“In this case, there was a breakdown in the system, and due process requires that Applicant be permitted to exercise his statutory right to file a petition for discretionary review.”
How later courts described this case
- “In this case, there was a breakdown in the system, and due process requires that Applicant be permitted to exercise his statutory right to file a petition for discretionary review.”
Written by the judges who cited it.
The opinion
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-85,379-02
EX PARTE LOUIS R. CLEMONS, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 1396258-A IN THE 351st DISTRICT COURT
FROM HARRIS COUNTY
Per curiam.
OPINION
Applicant was convicted of aggravated robbery with a deadly weapon and sentenced to 99
years’ imprisonment. The First Court of Appeals affirmed his conviction. Clemons v. State, No. 01-
16-00336-CR (Tex. App.–Houston[1st], Aug. 17, 2017). He 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, after his conviction was affirmed on appeal, appellate counsel failed
to timely notify him of the disposition of the appeal and his right to file a pro se PDR. Applicant
states that he would have filed a PDR if he had been aware of his rights. He avers that he is entitled
to an out-of-time PDR. Ex parte Florentino, 206 S.W.3d 124, 125 (Tex. Crim. App. 2006). The
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appellate court entered an order on May 22, 2018, acknowledging that, due to an administrative
error, notice of the appellate court’s opinion and judgment was not sent to the parties. Based on the
record, the trial court has determined that Applicant was denied the right to file a pro se PDR
through no fault of his own.
Relief is granted. Ex parte Riley, 193 S.W.3d 900, 902 (Tex. Crim. App. 2003) (“In this case,
there was a breakdown in the system, and due process requires that Applicant be permitted to
exercise his statutory right to file a petition for discretionary review.”) Applicant may file an out-of-
time PDR of the judgment of the First Court of Appeals in cause number 01-16-00336-CR. Should
Applicant decide to file a PDR, 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 23, 2023
Do not publish