Clauder, Samuel Herschel ( 2020 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-90,708-02
EX PARTE SAMUEL HERSCHEL CLAUDER, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 57648-B IN THE 78TH DISTRICT COURT
FROM WICHITA COUNTY
Per curiam.
OPINION
Applicant was convicted of possession of marihuana and sentenced to 2 years’ imprisonment.
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 petition for discretionary
review (PDR). As a result, Applicant lost the opportunity to file a PDR. The record supports this
contention.
Relief is granted. 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 Second Court of Appeals in cause number 02-17-00420-
2
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: April 15, 2020
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