The opinion
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-95,924-01
EX PARTE WALTER LEE JACOBS, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. W-1776682-A IN THE CRIMINAL DISTRICT COURT NO. 5
FROM DALLAS COUNTY
Per curiam.
OPINION
Applicant was convicted of murder and sentenced to twenty-five years’ imprisonment. The
Fifth Court of Appeals affirmed his conviction. Jacobs v. State, No. 05-22-00248-CR (Tex.
App.—Dallas del. Aug. 31, 2023) (not designated for publication). Applicant filed this pro se
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, inter alia, that he was denied his right to seek a pro se petition for
discretionary review through no fault of his own. The State agrees that Applicant is entitled to an
out-of-time PDR, and the record supports Applicant’s claim. Relief is granted. See 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
Fifth Court of Appeals in cause number 05-22-00248-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 remaining 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Do not publish