The opinion
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-96,245-01
EX PARTE BOBBY MARTINEZ, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 2019CR13098-W1 IN THE 226TH DISTRICT COURT
FROM BEXAR COUNTY
Per curiam.
OPINION
Applicant was convicted of stalking and sentenced to twenty-five years’ imprisonment. The
Fourth Court of Appeals affirmed his conviction. Martinez v. State, No. 04-21-00378-CR (Tex.
App.—San Antonio del. Mar. 1, 2023) (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 him that his conviction had
been affirmed and advise him of his right to file a pro se petition for discretionary review. Based
on the record, the trial court has determined that Applicant is entitled to an out-of-time petition for
discretionary review.
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 Fourth Court of Appeals in cause number 04-21-00378-
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. Applicant’s other habeas claims are
dismissed. See Ex parte Torres, 943 S.W.2d 469 (Tex. Crim. App. 1997).
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: January 15, 2025
Do not publish