The opinion
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-96,304-01
EX PARTE CARLOS DAVID RODRIGUEZ, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 19-04-05648 (1) IN THE 435TH DISTRICT COURT
FROM MONTGOMERY COUNTY
Per curiam.
OPINION
Applicant was convicted of aggravated sexual assault of a child and sentenced to twenty
years’ imprisonment. The Ninth Court of Appeals affirmed his conviction. Rodriguez v. State, No.
09-22-00116-CR (Tex. App.—Beaumont July 31, 2024). 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 file a petition for discretionary
review on his behalf due to an error in calculating the due date. 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 discretionary review but for counsel’s deficient performance.
2
Relief is granted. Applicant may file an out-of-time petition for discretionary review of the
judgment of the Ninth Court of Appeals in cause number 09-22-00116-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: January 29, 2025
Do not publish