IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-82,561-01
EX PARTE FERNANDO MAGALDE, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 20110D05035-120-2 IN THE 120th DISTRICT COURT
FROM EL PASO COUNTY
Per curiam.
OPINION
Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the
clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte
Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of violation of a
protective order and sentenced to forty years’ imprisonment. The Eighth Court of Appeals affirmed
his conviction. Magalde v. State, No. 08-12-00065-CR (Tex. App.—El Paso Mar. 28, 2014) (not
designated for publication).
Applicant contends that he was deprived of his right to pursue a petition for discretionary
review on his own due to a clerical error on the part of the El Paso County Public Defender’s Office.
Based on the record, the trial court has entered findings of fact and conclusions of law that
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Applicant was deprived of his right to pursue a petition for discretionary review due to a clerical
error in this case. The trial court recommends that relief be granted. Ex parte Riley, 193 S.W.3d 900
(Tex. Crim. App. 2006).
We find, therefore, that Applicant is entitled to the opportunity to file an out-of-time petition
for discretionary review of the judgment of the Eighth Court of Appeals in Cause No. 08-12-00065-
CR that affirmed his conviction in Cause No. 20110D05035-120-2 from the 120th District Court of
El Paso County. Applicant shall file his petition for discretionary review with this Court within 30
days of the date on which this Court’s mandate issues.
Delivered: January 14, 2015
Do not publish