Gonzales, Jimmy AKA Gonzales, Jimmy Jr.

• Court: Court of Criminal Appeals of Texas
• Decided: January 11, 2023
• Docket: WR-93,720-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-93,720-01

EX PARTE JIMMY GONZALES, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 20681-A IN THE 23RD DISTRICT COURT FROM WHARTON COUNTY

Per curiam. SLAUGHTER , J. filed a concurring opinion.

OPINION

Applicant was convicted of continuous sexual abuse of a child and sentenced to twenty-five

years’ imprisonment. The Thirteenth Court of Appeals affirmed his conviction. Gonzales v. State,

No. 13-18-00193-CR (Tex. App.—Corpus Christi-Edinburgh Nov. 29, 2018)(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 is entitled to an out of time petition for

discretionary review. 2

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 Thirteenth Court of Appeals in cause number 13-18-

00193-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). 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Delivered: January 11, 2023 Do not publish