Hamilton, Dwight Lebron

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

NO. WR-97,228-01

EX PARTE DWIGHT LEBRON HAMILTON, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 114-0719-23-A IN THE 114TH DISTRICT COURT SMITH COUNTY

Per curiam.

OPINION

Applicant was convicted of aggravated robbery and sentenced to 37 years’

imprisonment. The Twelfth Court of Appeals affirmed his conviction. Hamilton v. State, No. 12-23-00302-CR (Tex. App.–Tyler, August 29, 2024). 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

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his conviction had been affirmed and advise him of his right to file a pro se petition for discretionary review. Based on the record, the trial court has determined that Applicant was denied the opportunity to file a petition for discretionary review through no fault of his own.

Relief is granted. Ex parte Riley, 193 S.W.3d 900, 902 (Tex. Crim. App. 2006).

Applicant may file an out-of-time petition for discretionary review of the judgment of the Twelfth Court of Appeals in cause number No. 12-23-00302-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.1 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Delivered: January 15, 2026 Do not publish

1 This opinion applies only to the trial court’s cause number 114-0719-23. Applicant must make a separate application on a separate form for each case number from which he seeks relief.