Zamora, Fernando ( 2020 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-91,021-01
EX PARTE FERNANDO ZAMORA, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. C-372-W011671-1432653-A IN THE 372ND DISTRICT COURT
FROM TARRANT COUNTY
Per curiam.
OPINION
Applicant was convicted of three counts of aggravated sexual assault of a child under 14
years old and sentenced to 30 years’ imprisonment. The Second Court of Appeals affirmed his
conviction. Zamora v. State, No. 02-17-00240-CR (Tex. App.—Fort Worth, July 12, 2018).
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 of his right to
file a pro se petition for discretionary review (PDR). The trial court has determined that appellate
counsel failed to timely inform Applicant that he could file a pro se PDR. As a result, Applicant lost
the opportunity to timely file a pro se PDR.
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 Court of Appeals in cause number 02-17-00240-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: May 6, 2020
Do not publish