Henry, Kenric

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-97,422-01

EX PARTE KENRIC HENRY, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 21-DCR-098040 HC-1 IN THE 268TH DISTRICT
COURT FORT BEND COUNTY

Per curiam.

OPINION

Applicant was convicted of aggravated assault of a family member and

sentenced to thirty years’ imprisonment. The First Court of Appeals affirmed his

conviction. Henry v. State, No. 01-24-00389-CR (Tex. App.—Houston [1st] June

24, 2025)(not designated for publication). 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.
2

Applicant contends that appellate counsel failed to timely inform Applicant

that his conviction had been affirmed. Based on the record, the trial court has

determined that appellate counsel’s performance was deficient and that Applicant

would have timely filed a petition for discretionary review but for counsel’s

deficient performance.

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 First Court of

Appeals in cause number 01-24-00389-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 02, 2026
Do not publish