IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-82,807-01
EX PARTE JUSTIN VALDEZ, Applicant
ON APPLICATION FOR AN ORIGINAL WRIT OF HABEAS CORPUS
CAUSE NO. 41070 IN THE COUNTY COURT OF LAW OF CALDWELL COUNTY
Per curiam.
ORDER
Pursuant to this Court’s original jurisdiction to issue writs of habeas corpus, Applicant
presents a motion for leave to file an original application for a writ of habeas corpus. TEX . CONST .
art. V, § 5(c); TEX . CODE CRIM . PROC. art. 4.04 § 1. Applicant alleges he pleaded nolo contendere,
was convicted of assault, and sentenced to community supervision. The Third Court of Appeals
affirmed his conviction. Valdez v. State, No. 03-12-00098-CR (Tex. App.—Austin Aug. 29, 2014)
(not designated for publication).
Applicant contends that counsel was ineffective for not pursuing discretionary review in a
timely fashion and that he has no other adequate remedy at law to pursue an out-of-time petition for
discretionary review. He contends that the State is not opposed to habeas relief on this claim.
2
Before this Court considers whether exercising jurisdiction in this case is appropriate, the
State is invited to respond to Applicant’s writ claims.
Applicant’s motion for leave to file an application for a writ of habeas corpus shall be held
in abeyance for 30 days from the date of this order. The State may submit any response during that
time.
Filed: March 25, 2015
Do not publish