Anderson, Sean

• Court: Court of Criminal Appeals of Texas
• Decided: March 26, 2025
• Docket: WR-96,462-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-96,462-01

EX PARTE SEAN ANDERSON, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. D-1-DC-22-904055-A IN THE 390TH DISTRICT COURT TRAVIS COUNTY

Per curiam.

OPINION

Applicant was convicted of aggravated sexual assault of a child and sentenced to thirty-one

years’ imprisonment. The Third Court of Appeals affirmed his conviction. Anderson v. State, No.

03-23-00030-CR (Tex. App.—Austin Aug. 9, 2023) (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 appellate counsel failed to timely advise him

of his right to file a pro se petition for discretionary review. Based on the record, the trial court finds

that appellate counsel failed to comply with Tex. R. App. P. 48.4 and therefore Applicant was neither

timely informed of the direct appeal decision nor of his right to file a pro se petition for discretionary 2

review. The trial court recommends that Applicant be permitted to file an out-of-time petition for

discretionary review. We agree. The record shows that appellate counsel did not send Applicant the

required information and documentation within five days after the Court of Appeals’s opinion was

handed down on August 9, 2023, as required by Rule 48.4, and instead waited until after mandate

issued on November 8, 2023. Consequently, Applicant was not advised of his right to file a pro se

petition for discretionary review until after the period for filing such a petition had ended.

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 Third Court of Appeals in cause number 03-23-00030-

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. Applicant’s remaining claims are

dismissed. See Ex parte Torres, 943 S.W.2d 469 (Tex. Crim. App. 1997).

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: MARCH 26, 2025 Do not publish