Ex Parte Kenric Henry - Out-of-Time PDR Granted
Summary
The Texas Court of Criminal Appeals granted Kenric Henry's application for an out-of-time petition for discretionary review. Henry was convicted of aggravated assault of a family member and sentenced to 30 years' imprisonment. The Court found that appellate counsel was deficient in failing to timely inform Henry that his conviction had been affirmed on appeal. Relief is granted permitting Henry to file a PDR within 30 days of the Court's mandate.
What changed
The Court of Criminal Appeals granted an out-of-time PDR to Kenric Henry, who was convicted of aggravated assault of a family member and sentenced to 30 years. The Court determined that appellate counsel's performance was deficient because counsel failed to timely inform Applicant that his conviction had been affirmed by the First Court of Appeals. The trial court found that but for counsel's deficient performance, Applicant would have timely filed a petition for discretionary review.
Applicant may now file an out-of-time petition for discretionary review of the judgment in Cause No. 01-24-00389-CR with this Court within thirty days from the date of the Court's mandate. Copies of this opinion have been sent to TDCJ-CID and the Board of Pardons and Paroles. This is an individual case remedy and does not create general compliance obligations for regulated entities.
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April 2, 2026 Get Citation Alerts Download PDF Add Note
Henry, Kenric
Court of Criminal Appeals of Texas
- Citations: None known
- Docket Number: WR-97,422-01
- Nature of Suit: 11.07 HC
Disposition: OUT OF TIME PDR GRANTED
Disposition
OUT OF TIME PDR GRANTED
Lead Opinion
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-97,422-01
EX PARTE KENRIC HENRY, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 21-DCR-098040 HC-1 IN THE 268TH DISTRICT
COURT FORT BEND COUNTY
Per curiam.
OPINION
Applicant was convicted of aggravated assault of a family member and
sentenced to thirty years’ imprisonment. The First Court of Appeals affirmed his
conviction. Henry v. State, No. 01-24-00389-CR (Tex. App.—Houston [1st] June
24, 2025)(not designated for publication). 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 appellate counsel failed to timely inform Applicant
that his conviction had been affirmed. Based on the record, the trial court has
determined that appellate counsel’s performance was deficient and that Applicant
would have timely filed a petition for discretionary review but for counsel’s
deficient performance.
Relief is granted. Ex parte Wilson, 956 S.W.2d 25 (Tex. Crim. App. 1997);
Ex parte Crow, 180 S.W.3d 135 (Tex. Crim. App. 2005). Applicant may file an out-
of-time petition for discretionary review of the judgment of the First Court of
Appeals in cause number 01-24-00389-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.
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: APRIL 02, 2026
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