Garza, Jose

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-84,208-01
EX PARTE JOSE GARZA, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 1325799 IN THE 177TH DISTRICT COURT
FROM HARRIS 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 possession of a
controlled substance and sentenced to twenty-five years’ imprisonment. The Fourteenth Court of
Appeals affirmed his conviction. Garza v. State, 14-12-00925-CR (Tex. App.—Houston [14th], Mar.
27, 2014).
Applicant contends that the appellate court’s lack of notice of the denial of his motion for
rehearing denied him of his right to file a pro se petition for discretionary review. The trial court
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recommends that relief be granted. Ex parte Riley, 193 S.W.3d 900 (Tex. Crim. App. 2003).
We find, therefore, that Applicant is entitled to the opportunity to file an out-of-time petition
for discretionary review of the judgment of the Fourteenth Court of Appeals in Cause No. 14-12-
925-CR that affirmed his conviction in Cause No. 1325799 from the 177th District Court of Harris
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.
Delivered: December 9, 2015
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