Opinion
WR-27,780-03
09-27-2023
EX PARTE LARRY PRIEST, Applicant
Do not publish
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 19-11-13,218-A IN THE 24TH DISTRICT COURT FROM DEWITT COUNTY
OPINION
Per curiam.
Applicant was convicted of two offenses of evading arrest or detention with a vehicle and sentenced to concurrent terms of 10 years' imprisonment. The Thirteenth Court of Appeals affirmed his conviction. Priest v. State, No. 13-20-00560-CR (Tex. App.-Corpus Christi-Edinburg, June 23, 2022). He 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 file a compliant PDR in this Court. Based on the record, the trial court has determined that appellate counsel's performance denied Applicant the opportunity to file a PDR.
Relief is granted. We find that Applicant is entitled to the opportunity to file an out-of-time PDR of the judgment of the Thirteenth Court of Appeals in case number 13-20-00560-CR that affirmed his convictions in Cause No. 19-11-13,218 from the 24th District Court of DeWitt County. Applicant shall file his PDR with this Court within 30 days of the date on which this Court's mandate issues.