The opinion
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-97,325-01
EX PARTE ALEXANDER GONZALEZ PALOMARES, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 12,889-A IN THE 46TH DISTRICT COURT
WILBARGER COUNTY
Per curiam.
OPINION
Applicant was convicted by a jury of aggravated assault with a deadly weapon,
assault family violence by impeding breathing or circulation, and assault family
violence with a previous family violence conviction. In addition to imposing fines, the
jury assessed punishment at 80 years of confinement on the aggravated assault with
a deadly weapon count, 75 years for assault family violence by impeding
breathing/circulation, and 20 years for assault family violence with a previous family
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assault conviction. The Seventh Court of Appeals affirmed his convictions. Palomares
v. State, 07-24-00249-CR (Tex. App.—Amarillo Aug. 28, 2025)(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 conviction 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 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 Seventh Court of Appeals
in cause number 07-24-00249-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.
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Delivered: February 12, 2026
Do not publish