Rodriguez, Rudy Jr

• Court: Court of Criminal Appeals of Texas
• Decided: May 31, 2023
• Docket: WR-94,067-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-94,067-01

EX PARTE RUDY RODRIGUEZ, JR., Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 1069837-A IN THE 183RD DISTRICT COURT FROM HARRIS COUNTY

Per curiam.

OPINION

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

Appeals affirmed his conviction. Rodriguez v. State, No. 01-08-00584-CR (Tex. App.—Houston

[1st Dist.] Oct. 9, 2009)(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 conviction

had been affirmed and advise of right to file a pro se petition for discretionary review. 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 2

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 First Court of Appeals in cause number 01-08-00584-

CR . Should Applicant decide to file a petition for discretionary review, 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Delivered: May 31, 2023 Do not publish