Bowman, Ex Parte Richard Mark

OPINION

Appellant was convicted of driving while intoxicated in 2005. In 2013, he filed a habeas application pursuant to Art. 11.072 attacking that conviction. The trial court denied relief, and he appealed. The Court of Appeals reversed, finding that counsel was ineffective. Ex parte Bowman, 444 S.W.Sd 272 (Tex.App.—Houston [1st Dist.] 2014). The Court rejected the State’s appellate laches argument, finding laches inapplicable to Art. 11.072 and concluding that the State’s contention was waived since it was not raised in the trial court. Id.

The State has filed a petition for discretionary…