Shed, Kenneth

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-43,740-03

EX PARTE KENNETH SHED, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. DC-2023-CR-1018-B IN THE 140TH DISTRICT COURT LUBBOCK COUNTY

Per curiam.

OPINION

Applicant was convicted of multiple counts of indecency with a child sexual

contact, aggravated sexual assault of a child, and sexual assault of a child and

sentenced to Life imprisonment. The Seventh Court of Appeals affirmed his

convictions. Shed v. State, No. 07-24-00256-CR (Tex. App— Amarillo Jan. 8,

2025). 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. 2

PROC. art. 11.07.

Applicant contends that appellate counsel was ineffective for failing to

timely file a motion to withdraw after his direct appeal was affirmed, thereby

inhibiting Applicant from filing a pro se motion for rehearing and a pro se petition

for discretionary review (PDR). 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 counsel’s

deficient performance.

Relief is granted. 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 Seventh Court of Appeals in cause number 07-24-00256-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Delivered: July 23, 2026 Do not publish