Cruz, Feliciano ( 2021 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-92,250-01
EX PARTE FELICIANO CRUZ, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. CR16002706-F(1) IN THE 214TH DISTRICT COURT
FROM NUECES COUNTY
Per curiam.
OPINION
Applicant was convicted of one count of murder and one count of tampering with or
fabricating physical evidence. He was sentenced to life imprisonment for the murder count and ten
years’ imprisonment for the tampering with evidence count, to be served concurrently. The
Thirteenth Court of Appeals affirmed his conviction. Cruz v. State, No. 13-17-00683-CR (Tex. App.
— Corpus Christi January 9, 2020) (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 and advise him of his right to file a pro se petition for discretionary
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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,
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 13-17-
00683-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: November 10, 2021
Do not publish