CourtListener 9368058•Gonzales, Jimmy AKA Gonzales, Jimmy Jr.
Texto completo
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-93,720-01
EX PARTE JIMMY GONZALES, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 20681-A IN THE 23RD DISTRICT COURT
FROM WHARTON COUNTY
Per curiam. SLAUGHTER , J. filed a concurring opinion.
OPINION
Applicant was convicted of continuous sexual abuse of a child and sentenced to twenty-five
years’ imprisonment. The Thirteenth Court of Appeals affirmed his conviction. Gonzales v. State,
No. 13-18-00193-CR (Tex. App.—Corpus Christi-Edinburgh Nov. 29, 2018)(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 his
conviction had been affirmed. Based on the record, the trial court has determined that appellate
counsel’s performance was deficient and that Applicant is entitled to an out of time petition for
discretionary review.
2
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 Thirteenth Court of Appeals in cause number 13-18-
00193-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.
Applicant’s remaining claims are dismissed. Ex Parte Torres, 943 S.W.2d 469 (Tex. Crim.
App. 1997). 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: January 11, 2023
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