Arevalo, Ben III

• Court: Court of Criminal Appeals of Texas
• Decided: January 10, 2024
• Docket: WR-95,295-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-95,295-01

EX PARTE BEN AREVALO, III, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 20-00382-CRF-85-A IN THE 85TH DISTRICT COURT FROM BRAZOS COUNTY

Per curiam.

OPINION

Applicant was convicted of aggravated kidnapping with a deadly weapon and sentenced to

35 years’ imprisonment. The Thirteenth Court of Appeals affirmed his conviction. Arevalo v. State,

No. 13-22-00338-CR (Tex. App.–Corpus Christi-Edinburg April 6, 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 that appellate counsel failed to timely inform Applicant that his

conviction had been affirmed. Based on the record, the trial court made findings and conclusions and

determined that Applicant was denied the right to file a pro se PDR through no fault of his own. The

trial court recommended that we grant Applicant an out-of-time PDR. We agree. On this record, 2

there was a breakdown in the system. Ex parte Riley, 193 S.W.3d 900, 902 (Tex. Crim. App. 2006).

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 13-22-00338-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Delivered: January 10, 2024 Do not publish