Martinez, Andrew

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-93,483-01
EX PARTE ANDREW MARTINEZ, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. CR-16-0994-A-WHC1 IN THE 22ND DISTRICT COURT
FROM HAYS COUNTY
Per curiam.
OPINION
Applicant was convicted of murder and sentenced to forty-five years’ 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 appellate counsel failed
to timely file a notice of appeal. Based on the writ and appellate records, the Court finds that
appellate 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 CR-16-0994-A from the 22nd District Court of Hays County. It appears that
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Applicant is represented by counsel. However, if Applicant is not represented by counsel, the trial
court shall determine, within ten days from the date of this Court’s mandate, 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: February 16, 2022
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