Rodriguez, David ( 2024 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-95,606-01
EX PARTE DAVID RODRIGUEZ, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 2013-CR-8655-W1 IN THE 226TH DISTRICT COURT
FROM BEXAR COUNTY
Per curiam. KELLER, P.J., KEEL, and SLAUGHTER, J.J, dissented. YEARY, J. did not
participate.
OPINION
Applicant was convicted of murder and sentenced to life imprisonment. The Fourth Court
of Appeals affirmed his conviction. Rodriguez v. State, No. 04-14-00034-CR (Tex. App. — San
Antonio, June 17, 2015). 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
review. Because the trial court cannot verify that appellate counsel complied with Texas Rules of
2
Appellate Procedure Rule 48.4, it recommends that relief be granted in the form of an out-of-time
petition for discretionary review. We agree.
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 Fourth Court of Appeals in cause number 04-14-00034-
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 1, 2024
Do not publish