Kethan Andre Peoples v. State

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-89,640-01
EX PARTE KETHAN ANDRE PEOPLES, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. W380-81233-2014-HC IN THE 380TH DISTRICT COURT
FROM COLLIN COUNTY
Per curiam.
OPINION
Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the
clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte
Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of aggravated
kidnapping and sentenced to forty years’ imprisonment. The Fifth Court of Appeals affirmed his
conviction. Peoples v. State, No. 05-15-00097-CR (Tex. App.—Dallas del. Jan. 27, 2016).
Applicant contends that he was denied his right to seek a pro se petition for discretionary
review through no fault of his own. Ex parte Wilson, 956 S.W.2d 25, 26 -27 (Tex. Crim. App.
1997). The trial court, with the State’s agreement, recommends granting a late petition for
discretionary review. The trial court’s findings and recommendation are supported by the record.
2
Applicant is entitled to the opportunity to file an out-of-time petition for discretionary review
of the judgment of the Fifth Court of Appeals in Cause No. 05-15-00097-CR that affirmed his
conviction in Cause No. 380-81233-2014 from the 380th District Court of Collin County. Applicant
shall file his petition for discretionary review with this Court within 30 days of the date on which
this Court’s mandate issues.
Delivered: December 18, 2019
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