Traylor, Eric Benjamin ( 2021 )


Menu:
  •             IN THE COURT OF CRIMINAL APPEALS
    OF TEXAS
    NO. WR-92,390-01
    EX PARTE ERIC BENJAMIN TRAYLOR, Applicant
    ON APPLICATION FOR A WRIT OF HABEAS CORPUS
    CAUSE NO. DC-F201700359-A IN THE 413TH DISTRICT COURT
    FROM JOHNSON COUNTY
    Per curiam.
    OPINION
    Applicant was convicted of capital murder of a person under ten years of age and sentenced
    to life without parole. The Thirteenth Court of Appeals affirmed his conviction. Traylor v. State,
    No. 13-18-00338-CR (Tex. App.—Corpus Christi-Edinburg, Apr. 9, 2020). 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 appellate counsel failed to timely inform Applicant that his conviction
    had been affirmed and advise him of his right to file a pro se petition for discretionary review. The
    record does not contain an affidavit from appellate counsel, who apparently relocated to Colorado.
    The attorney who bought appellate counsel's practice filed an affidavit stating that, as a courtesy, she
    2
    informed Applicant that he had 90 days to appeal the judgment to a higher court.
    Based on that faulty advice, and appellate counsel's apparent failure to timely inform
    Applicant of his right to file a pro se petition for discretionary review, we grant relief. Ex parte
    Wilson, 
    956 S.W.2d 25
     (Tex. Crim. App. 1997); 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
    Court of Appeals in cause number. Should Applicant decide to file a petition for discretionary
    review, 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: June 9, 2021
    Do not publish
    

Document Info

Docket Number: WR-92,390-01

Filed Date: 6/9/2021

Precedential Status: Precedential

Modified Date: 6/14/2021