Marquezgonzalez, Juan ( 2023 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NOS. WR-92,747-02 & WR-92,747-03
EX PARTE JUAN MARQUEZGONZALEZ, Applicant
ON APPLICATIONS FOR WRITS OF HABEAS CORPUS
CAUSE NOS. W-1776747-A & W-1900401-B IN THE 204TH DISTRICT COURT
FROM DALLAS COUNTY
Per curiam. SLAUGHTER, J., filed a concurring opinion.
OPINION
Applicant was convicted of two aggravated sexual assault of a child less than fourteen years
old offenses. He was sentenced to twenty five years’ imprisonment for the first offense and thirty
five years’ imprisonment for the second. He filed these applications for writs of habeas corpus in
the county of conviction, and the district clerk forwarded them to this Court. See TEX. CODE CRIM.
PROC. art. 11.07.
Applicant contends that he was denied his right to an appeal because counsel failed to timely
file a notice of appeal, and failed to inform him of his right to appointed counsel and a free appellate
record. Based on the record, the trial court has found that counsel failed to timely file a notice of
appeal and failed to inform Applicant of his right to appointed counsel on appeal.
2
Relief is granted. Ex parte Axel, 757 S.W.2d 369 (Tex. Crim. App. 1988); Jones v. State,
98 S.W.3d 700 (Tex. Crim. App. 2003). Applicant may file out-of-time appeals of his convictions
in cause numbers F-1776747-Q & F-1900401-Q from the 204th District Court of Dallas County.
Within ten days from the date of this Court’s mandate, the trial court shall determine whether
Applicant is indigent. If Applicant is indigent and wants to be represented by counsel, the trial court
shall appoint counsel to represent him on direct appeal. Should Applicant decide to appeal, he must
file a written notice of appeal in the trial 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: September 13, 2023
Do not publish