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Ex parte Gonzalez

Court of Criminal Appeals of Texas
Sep 29, 2021
No. WR-93 (Tex. Crim. App. Sep. 29, 2021)

Opinion

WR-93 091-01

09-29-2021

EX PARTE JOSEPH GONZALEZ JR, Applicant


Do not publish

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 2017-411, 476-A IN THE 364TH DISTRICT COURT FROM LUBBOCK COUNTY

OPINION

PER CURIAM

Applicant was convicted of aggravated robbery and sentenced to sixty years' imprisonment. The Seventh Court of Appeals affirmed his conviction. Gonzalez v. State, No. 07-19-00314-CR (Tex. App.-Amarillo Sep. 16, 2020)(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.

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 Seventh Court of Appeals in cause number 07-19-00314-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.


Summaries of

Ex parte Gonzalez

Court of Criminal Appeals of Texas
Sep 29, 2021
No. WR-93 (Tex. Crim. App. Sep. 29, 2021)
Case details for

Ex parte Gonzalez

Case Details

Full title:EX PARTE JOSEPH GONZALEZ JR, Applicant

Court:Court of Criminal Appeals of Texas

Date published: Sep 29, 2021

Citations

No. WR-93 (Tex. Crim. App. Sep. 29, 2021)