Martinez, Ramiro

• Court: Court of Criminal Appeals of Texas
• Decided: February 12, 2026
• Docket: WR-97,185-01
• Status: Published

Opinions

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-97,185-01

EX PARTE RAMIRO MARTINEZ, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 1256679-A IN THE 182ND DISTRICT COURT HARRIS COUNTY

Per curiam. SCHENCK, P.J., filed a concurring opinion.

OPINION

Applicant was convicted of capital murder and sentenced to life

imprisonment without the possibility of parole in October 2011. The First Court of

Appeals affirmed his conviction. Martinez v. State, No. 01-11-00902-CR (Tex.

App.—Houston [1st Dist.] Feb. 28, 2013). 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 his sentence of automatic life without parole

violates the Eighth Amendment of the U.S. Constitution because he was a juvenile

at the time of the offense. Miller v. Alabama, 567 U.S. 460 (2012). This Court held

in Ex parte Maxwell that Miller applies retroactively in Texas. Ex parte Maxwell,

424 S.W.3d 66 (Tex. Crim. App. 2014).

Applicant was sixteen years old at the time of the offense. After being found

guilty by a jury, he was automatically sentenced to life in prison without the

possibility of parole under the law at the time. TEX. PENAL CODE §12.31(a)(2007).

The current version of Penal Code section 12.31 requires that a person who

commits a capital felony be sentenced to “life, if the individual committed the

offense when younger than 18 years of age.” TEX. PENAL CODE

§12.31(a)(1)(2013). The savings clause for the 2013 amendment provides that the

change in law “applies to a criminal action pending, on appeal, or commenced on

or after the effective date of this Act, regardless of whether the criminal action is

based on an offense committed before, on, or after that date.” Acts 2013, 83rd

Leg., 2nd C.S., ch. 2 (S.B. 2), § 3(1). Applicant’s appeal was still pending when

the current statute became effective. Consequently, under the savings clause,

Applicant is entitled to have his sentence reformed to “life.” 3

Relief is granted. The sentence in Cause No. 1256679-A in the 182nd

District Court of Harris County is reformed to life with parole.

Copies of this opinion shall be sent to the Texas Department of Criminal

Justice–Correctional Institutions Division and Pardons and Paroles Division.

Delivered: February 12, 2026 Do not publish