IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-83,391-01
EX PARTE LANEY PAUL BREWER, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. W-65081-01-E IN THE 108TH 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 fifty-one years’ imprisonment. The Seventh Court of Appeals affirmed his
conviction. Brewer v. State, No. 07-14-00040-CR (Tex. App.—Amarillo Dec. 4, 2014) (not
designated for publication).
Applicant contends that he was denied his right to pursue a pro se petition for discretionary
review through no fault of his own. We remanded this application to the trial court for findings of
2
fact and conclusions of law.
Trial counsel has provided an affidavit. The appellate opinion was handed down December
4, 2014, and counsel states that he mailed a copy of the opinion and a letter advising Applicant of
his pro se PDR rights on December 8, 2014, which letter he attaches. The trial court obtained mail
logs from Applicant’s prison unit. Applicant received the letter from appellate counsel on January
8, 2015. The trial court finds that, although counsel timely mailed notification to Applicant of the
decision and of his PDR rights, “[Applicant] did not receive notice within the period which he could
file pro se petition for discretionary review ending January 5, 2015.”
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. 07-14-00040-
CR that affirmed his conviction in Cause No. 65,081-E from the 108th District Court of Potter
County. See Ex parte Riley, 193 S.W.3d 900 (Tex. Crim. App. 2006) (holding in cases where
counsel was not ineffective but there has been a breakdown in the system, due process requires that
an applicant be permitted to exercise his statutory right to the appellate proceeding). 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: March 9, 2016
Do not publish