Howerton, Mark P
CourtCourt of Criminal Appeals of Texas
Date FiledSeptember 17, 2026
DocketWR-97,933-01
StatusPublished
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Full Opinion
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-97,933-01
EX PARTE MARK P HOWERTON, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 2019CR2399–W1 IN THE 144TH DISTRICT COURT
BEXAR COUNTY
Per curiam.
OPINION
Applicant was convicted of aggravated assault - serious bodily injury and
sentenced to twenty years’ imprisonment. The Fourth Court of Appeals affirmed
his conviction. Howerton v. State, No. 04-23-0677-CR (Tex. App. — Bexar July 23,
2025). 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.
2
Applicant contends that he was denied his right to file a petition for
discretionary review (PDR) because appellate counsel failed to timely file such due
to personal matters. This was a breakdown in the system and Applicant is entitled
to file an out-of-time PDR.
Relief is granted. Ex parte Riley, 193 S.W.3d 900 (Tex. Crim. App. 2003).
Applicant may file an out-of-time appeal of the judgment of conviction in cause
number 2019CR2399 from the 144th District Court of Bexar County. Within ten
days from the date of this Court’s mandate, the trial court shall determine whether
Applicant is indigent. If Applicant is indigent and wants to be represented by
counsel, the trial court shall appoint counsel to represent him on direct appeal.
Should Applicant decide to appeal, he must file a written notice of appeal in the
trial court within thirty days from the date of this Court’s mandate.
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: September 17, 2026
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