Watson, Ex Parte Johnathan Slate

• Court: Court of Criminal Appeals of Texas
• Decided: November 26, 2003
• Docket: AP-74,837
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. 74,837 EX PARTE JOHNATHAN SLATE WATSON, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

FROM GUADALUPE COUNTY

Per Curiam.

O P I N I O N

This is a post-conviction application for a writ of habeas corpus forwarded to this Court pursuant to Article 11.07, V.A.C.C.P. Applicant was convicted of the felony offense of murder, and punishment was assessed at twenty years imprisonment. Applicant's conviction was affirmed on direct appeal. Watson v. State, No. 04-00-00575-CR(Tex. App.--San Antonio, delivered June 13, 2001, no pet.).

Applicant contends, inter alia, that he was denied an opportunity to file a petition for discretionary review. The trial court found that the Applicant was unaware that he could file a pro se petition for discretionary review. The record supports the trial court's finding.

Habeas corpus relief is granted, in part, and Applicant is granted leave to file an out-of-time petition for discretionary review from his conviction in cause number 99-0083-CR from the 25th Judicial District Court of Guadalupe County. Applicant is ordered returned to the point at which he can file a meaningful petition for discretionary review. For purposes of the Texas Rules of Appellate Procedure, all time limits shall be calculated as if the Court of Appeals' decision had been rendered on the day the mandate of this Court issues. We hold that should Applicant desire to seek discretionary review, he must take affirmative steps to see that his petition is filed in the Court of Appeals within thirty days of the date the mandate of this Court has issued.

Applicant's remaining claims are dismissed. See Ex parte Torres, 943 S.W.2d 469(Tex. Crim. App. 1997).

DELIVERED: November 26, 2003

DO NOT PUBLISH