The opinion
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-95,232-01
EX PARTE ANDREUS GIOVAN BARKLEY, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. DC30-CR2021-0739 IN THE 30TH DISTRICT COURT
FROM WICHITA COUNTY
Per curiam.
OPINION
Applicant was convicted of Assault Family/Household Member with Previous Conviction
and sentenced to twenty-five years’ imprisonment as a habitual felon. The Second Court of Appeals
affirmed his conviction. Barkley v. State, No. 02-22-00081-CR (Tex. App.—Fort Worth Mar. 16,
2023) (not designated for publication). Applicant, through habeas counsel, 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. Trial counsel, appellate counsel, and habeas counsel are all
the same lawyer.
Applicant contends that, through no fault of his own, he was denied his right to pursue in this
Court a petition for discretionary review of the appellate decision affirming his conviction. He asks
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for a late PDR. This Court has made an independent review of the record, and it supports
Applicant’s claim and request for a late PDR.
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 02-22-00081-
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 22, 2023
Do not publish