Yepez, Cristian

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-92,334-01
EX PARTE CRISTIAN YEPEZ, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 2014CRN001641D4 IN THE 406TH DISTRICT COURT
FROM WEBB COUNTY
Per curiam.
OPINION
Applicant was convicted of one count of murder and one count of tampering with evidence
and sentenced to thirty years’ imprisonment for the murder count and fifteen years’ imprisonment for
the tampering count. The Fourth Court of Appeals affirmed his convictions. Yepez. v State, No. 04-
17-00358-CR (Tex. App. — San Antonio July 3, 2019) (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
convictions had been affirmed. 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
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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 Fourth Court of Appeals in cause number 04-17-00358-CR . Should
Applicant decide to file a petition for discretionary review, 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 26, 2021
Do not publish