IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-81,430-02
EX PARTE JAMARIOS LECHRISTOPHER CANTON, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. F1017409 IN THE 145TH DISTRICT COURT
FROM NACOGDOCHES 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
assault and sentenced to life imprisonment. The Twelfth Court of Appeals affirmed his conviction.
Canton v. State, No. 12-12-00118-CR (Tex. App. — Tyler, December 20, 2012). This Court
dismissed his petition for discretionary review as untimely filed.
Applicant contends that his pro se petition for discretionary review was erroneously
dismissed as untimely by this Court, because he placed it into the mail on the last day before the
2
filing deadline. This Court remanded to the trial court two times to try to ascertain whether
Applicant did place his petition in the mail before the filing deadline, and if so why the petition was
not received by this Court until fourteen days after the filing deadline. No records could be obtained
from the prison mail system to indicate when Applicant’s petition was placed in the mail, and
although the mail room supervisor provided several possible explanations for this Court’s delay in
receiving the petition, it cannot be determined with any certainty why the petition was not received
until fourteen days after the filing deadline.
We find, therefore, that due to a breakdown in the system, Applicant was deprived of his
right to petition this Court for discretionary review. See Ex parte Riley, 193 S.W. 3d 900 (Tex.
Crim. App. 2006). Applicant is granted the opportunity to file an out-of-time petition for
discretionary review of the judgment of the Twelfth Court of Appeals in Cause No. 12-12-00118-CR
that affirmed his conviction in Cause No. F1017409 from the 145th District Court of Nacogdoches
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: April 22, 2015
Do not publish