Mitts, John Raymond Louis

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-97,013-01

EX PARTE JOHN RAYMOND LOUIS MITTS, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. CR23-00229A IN THE 294TH DISTRICT COURT
VAN ZANDT COUNTY

Per curiam.

OPINION

Applicant was convicted of continuous violence against the family and sentenced to forty-

five years’ imprisonment. The Twelfth Court of Appeals affirmed his conviction. Mitts v. State, No.

12-24-00204-CR (Tex. App.—Tyler Jan. 31, 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.

Applicant contends, among other things, that appellate counsel failed to timely advise him

of his right to file a pro se petition for discretionary review. After an independent review of this

claim, this Court determines 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.
2

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 Twelfth Court of Appeals in cause number 12-24-00204-

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. Applicant’s remaining claims are

dismissed. See Ex parte Torres, 943 S.W.2d 469 (Tex. Crim. App. 1997).

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: November 20, 2025
Do not publish