Moreno, Daniel

• Court: Court of Criminal Appeals of Texas
• Decided: March 11, 2020
• Docket: WR-90,599-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-90,599-01

EX PARTE DANIEL MORENO, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 1540276-A IN THE 337TH DISTRICT COURT FROM HARRIS COUNTY

Per curiam.

OPINION

Applicant was convicted of continuous sexual abuse of a child and sentenced to twenty-five

years’ imprisonment. The Fourteenth Court of Appeals affirmed his conviction. Moreno v. State,

No. 14-18-00113-CR (Tex. App.—Houston [14th Dist.] May 7, 2019) (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 he was deprived of his opportunity to pursue discretionary review

due to a breakdown in the system and, alternatively, due to ineffective assistance of appellate

counsel. Based on the record, the trial court has determined that a breakdown in the system

prevented Applicant from pursuing a petition for a discretionary review. 2

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

file an out-of-time petition for discretionary review of the judgment of the Fourteenth Court of

Appeals in cause number 14-18-00113-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Delivered: March 11, 2020 Do not publish