MENDOZA, JORGE Jr. AKA MENDOZA, GEORGE JR. ( 2017 )


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  •               IN THE COURT OF CRIMINAL APPEALS
    OF TEXAS
    NO. WR-76,979-03
    EX PARTE JORGE MENDOZA JR., Applicant
    ON APPLICATION FOR A WRIT OF HABEAS CORPUS
    CAUSE NO. FR64862-B IN THE 264TH DISTRICT COURT
    FROM BELL 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 two counts of
    indecency with a child by contact and sentenced to two terms of life imprisonment. The Third Court
    of Appeals affirmed the convictions. Mendoza v. State, No. 03-10-00344-CR (Tex. App.—Austin
    May 24, 2013) (not designated for publication).
    Applicant contends that he was denied his right, through no fault of his own, to pursue a pro
    se petition for discretionary review in this Court after his convictions were affirmed by the Third
    Court of Appeals. The trial court recommends that relief be granted, and the habeas record supports
    the recommendation. See Ex parte Wilson, 
    956 S.W.2d 25
    , 26 -27 (Tex. Crim. App. 1997); Ex parte
    -2-
    Crow, 
    180 S.W.3d 135
    , 138-39 (Tex. Crim. App. 2005).
    Applicant is entitled to the opportunity to file an out-of-time petition for discretionary review
    of the judgment of the Third Court of Appeals in Cause No. 03-10-00344-CR that affirmed his
    convictions in Cause No. 64,862 from the 264th District Court of Bell 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.
    Copies of this opinion shall be sent to the Texas Department of Criminal Justice-Correctional
    Institutions Division and Pardons and Paroles Division.
    Delivered: January 11, 2017
    Do not publish
    

Document Info

Docket Number: WR-76,979-03

Filed Date: 1/11/2017

Precedential Status: Precedential

Modified Date: 1/16/2017