Joshua, Marcus Dewayne ( 2023 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-94,922-02
EX PARTE MARCUS DEWAYNE JOSHUA , Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 21-0005CR IN THE 87TH DISTRICT COURT
FROM LEON COUNTY
Per curiam. SLAUGHTER, J. filed a concurring opinion.
OPINION
Applicant was convicted of capital murder and sentenced to life imprisonment. He filed this
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 an appeal because counsel failed to timely
file a notice of appeal. Based on the record, the trial court has found that counsel failed to timely file
a notice of appeal.
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 an out-of-time appeal of his conviction
in cause number 21-0005CR from the 87th District Court of Leon County.
2
It appears that Applicant is represented by counsel. If Applicant is not represented by counsel,
then 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: October 25, 2023
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