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 C OCHRAN, J., filed a concurring opinion in which P RICE, 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…