Tejeda, Apolinar

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-97,028-01

EX PARTE APOLINAR TEJEDA, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 18-DCR-084953 HC-1 IN THE 268TH DISTRICT COURT
FORT BEND COUNTY

Per curiam.

OPINION

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

Appeals affirmed his conviction Tejeda v. State, No. 01-23-00472-CR (Tex. App.—Houston, April

8, 2025). 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 advise him of his 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 performance.

Relief is granted. Ex parte Wilson, 956 S.W.2d 25 (Tex. Crim. App. 1997); Ex parte Crow,
2

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 01-23-00472-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: October 16, 2025
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