IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-80,751-01
EX PARTE CHRYSTOPHER DON PRECIADO, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 60,196 IN THE 47TH DISTRICT COURT
FROM POTTER 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 years’ imprisonment. The Seventh Court of Appeals affirmed his
conviction. Preciado v. State, No. 07-10-00242-CR (Tex. App. – Amarillo, July 13, 2011).
Applicant contends that his appellate counsel rendered ineffective assistance because counsel
failed to timely notify Applicant that his conviction had been affirmed. We remanded this
application to the trial court for findings of fact and conclusions of law.
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 appellate counsel timely sent notification to
Applicant that his conviction had been affirmed. However, based on the incoming mail logs for
Applicant’s prison unit during the applicable period, it appears that Applicant did not receive the
notification until more than a year later.
In this case, there was a breakdown in the system, and due process requires that Applicant
be permitted to exercise his statutory right to file a petition for discretionary review. Ex parte Riley,
193 S.W.3d 900 (Tex. Crim. App. 2006). 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. 07-10-00242-CR that affirmed his conviction in Cause No. 60,196
from the 47th District Court of Potter 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: October 1, 2014
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