Opinion
WR-93 029-01
09-15-2021
EX PARTE GABRIEL MARTINEZ, Applicant
Do not publish
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 2016CR7552 IN THE 379TH DISTRICT COURT FROM BEXAR COUNTY
OPINION
Per curiam.
Applicant was convicted of murder and sentenced to ninety-nine years' imprisonment. The Fourth Court of Appeals affirmed his conviction. Martinez v. State, No. 04-19-00084-CR (Tex. App.-San Antonio Oct. 14, 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 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 the right to file a pro se petition for discretionary review through no fault of his own.
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 04-19-00084-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.