Pedraza, Francisco Javier ( 2016 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-84,396-01
EX PARTE FRANCISCO JAVIER PEDRAZA, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 4903W1 IN THE 69TH DISTRICT COURT
FROM MOORE COUNTY
Per curiam.
OPINION
Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the
clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte
Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of continuing sexual
abuse of a child and sentenced to life imprisonment. The Seventh Court of Appeals affirmed his
conviction. Pedraza v. State, No. 07-14-00042-CR (Tex. App. — Amarillo, January 16, 2015) (not
designated for publication).
Applicant contends that his appellate counsel rendered ineffective assistance because counsel
failed to advise him of his right to file a pro se petition for discretionary review. .
2
Appellate counsel’s law firm filed an affidavit with the trial court. Based on that affidavit,
it appears that appellate counsel failed to advise Applicant of his right to file a pro se petition for
discretionary review. Ex parte Wilson, 956 S.W.2d 25 (Tex. Crim. App. 1997).
We find, therefore, that Applicant is entitled to the opportunity to file an out-of-time petition
for discretionary review of the judgment of the Seventh Court of Appeals in Cause No. 07-14-00042-
CR that affirmed his conviction in Cause No. 4903 from the 69th District Court of Moore County.
Applicant shall file his petition for discretionary review with this Court within 30 days of the date
on which this Court’s mandate issues.
Delivered: January 27, 2016
Do not publish