Ex Parte Rojas-Antonio - Out-of-Time PDR Granted
Summary
The Texas Court of Criminal Appeals granted Pedro Rojas-Antonio's application for an out-of-time petition for discretionary review (PDR). The applicant was previously convicted of aggravated sexual assault of a child and three counts of indecency with a child, receiving a life sentence and concurrent 20-year terms. The court found the applicant was denied his right to file a PDR through no fault of his own and may now file an out-of-time PDR within 30 days of the court's mandate.
What changed
The Court of Criminal Appeals granted applicant's application for a writ of habeas corpus, finding he was denied his right to file a petition for discretionary review through no fault of his own. The court permitted applicant to file an out-of-time PDR with this Court within thirty days from the date of the mandate.
Affected parties include criminal defendants in Texas who may have been denied procedural rights without fault, as well as the Texas Department of Criminal Justice and the Board of Pardons and Paroles, who received copies of the opinion. The ruling provides a procedural remedy rather than modifying the underlying convictions at this stage.
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Apr 19, 2026GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.
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April 16, 2026 Get Citation Alerts Download PDF Add Note
Rojas-Antonio, Pedro
Court of Criminal Appeals of Texas
- Citations: None known
- Docket Number: WR-97,492-01
- Nature of Suit: 11.07 HC
Disposition: OUT OF TIME PDR GRANTED
Disposition
OUT OF TIME PDR GRANTED
Lead Opinion
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-97,492-01
EX PARTE PEDRO ROJAS-ANTONIO, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. DC89-CR2023-0680-1-4*1
IN THE 89TH DISTRICT COURT
WICHITA COUNTY
Per curiam.
OPINION
Applicant was convicted of one count of aggravated sexual assault of a child
and three counts of indecency with a child by sexual contact. He was sentenced to
life imprisonment on the first count and to terms of 20 years’ imprisonment on the
remaining counts. The Thirteenth Court of Appeals affirmed his conviction. Rojas-
Antonio v. State, Nos. 13-24-00247-CR, 13-24-00248-CR, 13-24-00249-CR,13-24-
00250-CR (Tex. App.–Corpus Christi-Edinburg July 3, 2025). Applicant filed this
2
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 file a petition for
discretionary review through no fault of his own.
Relief is granted. Ex parte Riley, 193 S.W.3d 900 (Tex. Crim. App. 2006).
Applicant may file an out-of-time petition for discretionary review of the
judgments of the Thirteenth Court of Appeals in cause numbers 13-24-00247-CR,
13-24-00248-CR, 13-24-00249-CR, and 13-24-00250-CR. Should Applicant decide
to file a petition for discretionary review, he must file it with this 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: April 16, 2026
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