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 Delivered: September 17, 2026 Do not publish