Douglas, Steven Ray

CourtListener 10368109TexcrimappMar 26, 2025

Full text

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-96,480-01

EX PARTE STEVEN RAY DOUGLAS, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. DC89-CR2023-0611 IN THE 89TH DISTRICT COURT
WICHITA COUNTY

Per curiam.

OPINION

Applicant was convicted of accident involving death and sentenced to twenty years’

imprisonment. The Second Court of Appeals affirmed his conviction. Douglas v. State, No. 02-23-

00173-CR (Tex. App.—Fort Worth Aug. 22, 2024) (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.

Applicant contends that appellate counsel failed to timely inform Applicant that his

conviction had been affirmed and advise him of his right to file a pro se petition for discretionary

review. Based on the record, we find that appellate counsel’s performance was deficient and that

Applicant would have timely filed a petition for discretionary review but for counsel’s deficient
2

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 Second Court of Appeals in cause number 02-23-00173-

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: March 26, 2025
Do not publish

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