Rodriguez, David

• Court: Court of Criminal Appeals of Texas
• Decided: May 1, 2024
• Docket: WR-95,606-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-95,606-01

EX PARTE DAVID RODRIGUEZ, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 2013-CR-8655-W1 IN THE 226TH DISTRICT COURT FROM BEXAR COUNTY

Per curiam. KELLER, P.J., KEEL, and SLAUGHTER, J.J, dissented. YEARY, J. did not participate.

OPINION

Applicant was convicted of murder and sentenced to life imprisonment. The Fourth Court

of Appeals affirmed his conviction. Rodriguez v. State, No. 04-14-00034-CR (Tex. App. — San

Antonio, June 17, 2015). 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. Because the trial court cannot verify that appellate counsel complied with Texas Rules of 2

Appellate Procedure Rule 48.4, it recommends that relief be granted in the form of an out-of-time

petition for discretionary review. We agree.

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 Fourth Court of Appeals in cause number 04-14-00034-

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.

Delivered: May 1, 2024 Do not publish