Martinez, Ex Parte Miguel

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. PD-1801-10

EX PARTE MIGUEL MARTINEZ, Applicant

ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

FROM THE EIGHTH COURT OF APPEALS

EL PASO COUNTY

Cochran, J., filed a concurring opinion in which Price, J., joined.

I agree that dismissing appellant's appeal is "without prejudice to his ability to file future 11.072 writ applications in this matter." (1) I write separately because the solution to appellant's legitimate dilemma is not intuitively obvious. The solution is this: He may file a subsequent writ application under Article 11.072 alleging the…