Wilkerson, Ex Parte Ervin Eugene

• Court: Court of Criminal Appeals of Texas
• Decided: June 14, 2006
• Docket: AP-75,436
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,436 EX PARTE ERVIN EUGENE WILKERSON, Applicant

ON APPLICATION FOR WRIT OF HABEAS CORPUS

CAUSE NUMBER 14074 IN THE 329TH JUDICIAL

DISTRICT COURT WHARTON COUNTY

Per curiam.

O P I N I O N

This is an application for a writ of habeas corpus that was transmitted to this Court by the clerk of the trial court pursuant to the provisions of Article 11.07, Section 3, of the Texas Code of Criminal Procedure. Ex Parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of assault of a public servant and was sentenced to confinement for a period of twenty-eight years. The conviction was affirmed in an unpublished opinion. Wilkerson v. State, No. 13-02-00655-CR (Tex. App.--Corpus Christi, Delivered August 12, 2004).

Applicant contends, inter alia, that he was denied his right to file a Petition for Discretionary Review (PDR) after his conviction was affirmed and that he desired to file such a petition. Based on the findings of the trial court and after a review of the record, we find that Applicant is entitled to the opportunity to file an out-of-time PDR. See Ex parte Wilson, 956 S.W.2d 25, 27 (Tex. Crim. App. 1997); Ex parte Crow, 180 S.W.3d 135 (Tex. Crim. App. 2005).

Thus, Applicant is granted leave to file an out-of-time PDR from the judgment of the Court of Appeals, number 13-02-00655-CR, which affirmed the conviction in cause number 14074 from the 329th Judicial District Court of Wharton County, Texas. Applicant shall file his PDR with the Thirteenth Court of Appeals within thirty days of the issuance of this Court's mandate in this matter. Applicant's remaining grounds for relief are dismissed.

DELIVERED: June 14, 2006

DO NOT PUBLISH