The opinion
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-93,274-01
EX PARTE VALENTIN TORRES ALVAREZ
AKA VALENTIN ALVAREZ TORRES, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 2017-DCR-02121-D IN THE 103RD DISTRICT COURT
FROM CAMERON COUNTY
Per curiam.
OPINION
Applicant was convicted of continuous sexual abuse of child (Count I), prohibited sexual
conduct (Count II), and prohibited sexual conduct (Count III). Applicant was sentenced to fifty
years’ imprisonment on Count I, ten years’ imprisonment on Count II, and ten years’ imprisonment
on Count III, all to run concurrently. He 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 he was denied his right to an appeal because counsel failed to timely
file a notice of appeal. Based on the record, the trial court recommends that Applicant be given an
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out-of-time appeal.
Relief is granted. Ex parte Axel, 757 S.W.2d 369 (Tex. Crim. App. 1988); Jones v. State,
98 S.W.3d 700 (Tex. Crim. App. 2003). Applicant may file an out-of-time appeal of his conviction
in cause number 2017-DCR-02121-D from the 103rd District Court of Cameron County. Within
ten days from the date of this Court’s mandate, the trial court shall determine whether Applicant is
indigent. If Applicant is indigent and wants to be represented by counsel, the trial court shall appoint
counsel to represent him on direct appeal. Should Applicant decide to appeal, he must file a written
notice of appeal in the trial 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: December 8, 2021
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