I II 1 'COPY
SHARON KELLER ABEL ACOSTA
PRESIDING JUDGE Court of Criminal Appeals CLERK
(512)463-1551
P.O. BOX 12308, CAPITOL STATION
LAWRENCE E. MEYERS
CHERYL JOHNSON
AUSTIN, TEXAS 78711 SIAN SCHILHAB
GENERAL COUNSEL
MIKE KEASLER
(512)463-1597
BARBARA P. HERVEY
ELSA ALCALA
BERT RICHARDSON
KEVIN P. YEARY
DAVID NEWELL
JUDGES
FILED IN COURT OF APPEALS
12th Coun Jf Appeals District
Wednesday, April 22, 201
JAMARIOS LECHRISTOPHER CANTON
Robertson Unit - TDC #1771951
12071 FM 3522
Abilene, TX 79601
Re: CANTON, JAMARIOS LECHRISTOPHER
CCA No. WR-81,430-02 COANo. 12-12-0CrU8-CR
Trial Court Case No. F1017409-B
The court has issued an opinion on the above referenced cause number
Sincerely,
Abel Acosta, Clerk
cc: 12th Court Of Appeals Clerk (DELIVERED VIA E-MAIL)
District Attorney Nacogdoches County (DELIVERED VIA E-MAIL)
District Clerk Nacogdoches County (DELIVERED VIA E-MAIL)
Supreme Court Building, 201 West 14th Street, Room 106, Austin, Texas 78701
Website www.txcourts.gov/cca.aspx
FILED IN COURT OF APPEALS
1 -.in Cr-'^ r-; Appeals District
APR 2 3 2015
TYLER TEXAS
CATHY S. LUSK, CLERK
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 ofhabeas corpus. Exparte
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 Exparte 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 thejudgment 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 discretionaryreview with this Court within 30 days of
the date on which this Court's mandate issues.
Delivered: April 22, 2015
Do not publish
Jamarios Lechristopher Canton v. State
Combined Opinion