Balero, Joey

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-83,525-01
EX PARTE JOEY BALERO, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 2011-431,252-A IN THE 364th DISTRICT COURT
FROM LUBBOCK 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
robbery and sentenced to forty-five years’ imprisonment. The Seventh Court of Appeals affirmed
his conviction. Balero v. State, No. 07-13-00088-CR (Tex. App.—Amarillo April 9, 2014) (not
designated for publication).
Applicant contends that his appellate counsel rendered ineffective assistance because counsel
failed to timely notify Applicant that his conviction had been affirmed.
2
Appellate counsel filed an affidavit with the trial court. Based on that affidavit, the trial court
has entered findings of fact and conclusions of law that Applicant was deprived of his right to file
a pro se petition for discretionary review through no fault of his own or counsel’s. The trial court
recommends that relief be granted. Ex parte Riley, 193 S.W.3d 900 (Tex. Crim. App. 2006).1
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 Seventh Court of Appeals in Cause No. 07-13-00088-
CR that affirmed his conviction in Cause No. 2011-431,252-A from the 364th District Court of
Lubbock 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: July 29, 2015
Do not publish
1
In cases where counsel was not ineffective, but there has been a “breakdown in the
system,” due process requires that an applicant be permitted to exercise his statutory right to file
a PDR.