Johnson, Kendrick

• Court: Court of Criminal Appeals of Texas
• Decided: June 12, 2024
• Docket: WR-95,512-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-95,512-01

EX PARTE KENDRICK JOHNSON, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO.1623904-A IN THE DISTRICT COURT FROM HARRIS COUNTY

Per curiam. SLAUGHTER, J., filed a concurring opinion.

OPINION

Applicant was convicted of murder and sentenced to life imprisonment. The Court of

Appeals affirmed his conviction. Johnson v. State, No. 01-21-00636-CR (Tex. App.–Houston[1st]

Oct. 19, 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 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 appellate counsel’s performance was

deficient and that Applicant would have timely filed a petition for discretionary review but for 2

counsel’s deficient performance. The trial court recommended that we grant Applicant an

out-of-time PDR. We agree.

Relief is granted. Ex parte Wilson, 956 S.W.2d 25 (Tex. Crim. App. 1997); see also Ex parte

Crow, 180 S.W.3d 135, 138-39 (Tex. Crim. App. 2005). Applicant may file an out-of-time petition

for discretionary review of the judgment of the First Court of Appeals in cause number 01-21-00636-

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Delivered: June 12, 2024 Do not publish