Valles, Francisco

• Court: Court of Criminal Appeals of Texas
• Decided: May 3, 2023
• Docket: WR-94,570-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-94,570-01

EX PARTE FRANCISCO VALLES, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 20150D02069-409-1 IN THE 409TH DISTRICT COURT FROM EL PASO COUNTY

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

OPINION

Applicant was convicted of aggravated robbery and sentenced to forty years’ imprisonment.

The Eighth Court of Appeals affirmed his conviction. Valles v. State, No. 08-18-00061-CR (Tex.

App. — El Paso, Jan. 17, 2020). 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. The trial court has determined that appellate counsel’s performance was not deficient and

that Applicant was timely notified of his right to file a pro se petition for discretionary review. 2

We disagree. Based on the record, appellate counsel failed to follow the Texas Rules of

Appellate Procedure Rule 48.4 and did not directly advise Applicant of his right to file a pro se

petition for discretionary review or the applicable deadline. 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 Eighth

Court of Appeals in cause number 08-18-00061-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Delivered: May 03, 2023 Do not publish