Green, Kenneth Lashon

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-82,072-01
EX PARTE KENNETH LASHON GREEN, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. CR38038 IN THE 385TH DISTRICT COURT
FROM MIDLAND 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 two counts of
sexual assault and sentenced to four years’ imprisonment for each count, to run consecutively. The
Eleventh Court of Appeals affirmed his conviction. Green v. State, No. 11-11-00273-CR (Tex. App.
— Eastland, August 30, 2013).
Applicant contends, among other things, that this Court improperly dismissed his pro se
petition for discretionary review as untimely filed. We remanded this application to the trial court
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for findings of fact and conclusions of law.
The trial court has obtained an affidavit and attachments from a Program Supervisor of the
Mail System Coordinators Panel of TDCJ-ID. Based on that affidavit, it appears that Applicant
placed his petition for discretionary review in the prison mail system on November 29, 2013, and
that it was properly addressed to the Clerk of this Court. The petition was delivered to the United
States Postal Service on December 2, 2013, and received by this Court on December 5, 2013.
Because the petition was due on December 2, 2013, and because Applicant placed it in the prison
mail system before that date, this Court erred by dismissing the petition as untimely filed. See Taylor
v. State, 424 S.W.3d 39, 44 (Tex. Crim. App. 2014).
We find, therefore, that Applicant is entitled to the opportunity to file an out-of-time petition
for discretionary review of the judgment of the Eleventh Court of Appeals in Cause No. 11-11-
00273-CR that affirmed his conviction in Cause No. CR38038 from the 385th District Court of
Midland 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.
Applicant's remaining claims are dismissed. See Ex parte Torres, 943 S.W.2d 469 (Tex.
Crim. App. 1997).
Delivered: April 1, 2015
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