Prieto, Michael

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-94,564-01
EX PARTE MICHAEL PRIETO, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 2015-405,988-A IN THE 140TH DISTRICT COURT
FROM LUBBOCK COUNTY
Per curiam. SLAUGHTER, J., filed a concurring opinion.
OPINION
Applicant pleaded guilty to domestic assault and was placed on community supervision for
a period of six years. After revocation, Applicant was sentenced to ten 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 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
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in cause number 2015-405,988 from the 140th District Court of Lubbock 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: March 29, 2023
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