ROBINSON, SHERMAN Appeal from 187th District Court of Bexar County (other per curiam)
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IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-89,938-02 EX PARTE SHERMAN ROBINSON, Applicant ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 0702-W1 IN THE 187TH DISTRICT COURT FROM BEXAR COUNTY Per curiam. OPINION Applicant was convicted of aggravated assault of a public servant and sentenced to sixty-five years’ imprisonment. The Fourth Court of Appeals affirmed his conviction. Robinson v. State, No. 04-17-00397-CR (Tex. App. —San Antonio, Jan. 18, 2019). 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. Applicant contends that appellate counsel failed to timely inform Applicant that his conviction had been affirmed and advise him of his right to file a pro se petition for discretionary review. Based on the record, the trial court has determined that Applicant was denied his right to file a petition for discretionary review due to a break down in the system. 2 Relief is granted. Ex parte Riley, 193 S.W.3d 900 (Tex. Crim. App. 2003). Applicant may file an out-of-time petition for discretionary review of the judgment of the Fourth Court of Appeals in cause number 04-17-00397-CR. Should Applicant decide to file a petition for discretionary review, he must file it with this Court within thirty days from the date of this Court’s mandate. Applicant’s remaining claims are dismissed. Ex Parte Torres, 943 S.W.2d 469 (Tex. Crim. App. 1997). Delivered: July 28, 2021 Do not publish
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