Opinion
WR-95,363-01 WR-95,363-02 WR-95,363-03 WR-95,363-04 WR-95,363-05
01-10-2024
EX PARTE BRANDON LUIS MARSHALL, Applicant
Do not publish
ON APPLICATIONS FOR WRITS OF HABEAS CORPUS CAUSE NOS. 22-0915-K368A, 22-0918-K368A, 22-0920-K368A, 22-0922-K368A, & 22-0923-K368A IN THE 368TH DISTRICT COURT FROM WILLIAMSON COUNTY
ORDER
Per curiam.
Applicant pled guilty to five charges of aggravated assault of a public servant and was sentenced to thirty-five years' imprisonment in each case. Applicant did not file a direct appeal. Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court these applications for writs of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967).
The trial court recommends dismissing these applications because "it was filed by a non-attorney petitioner other than the defendant and bears no indication it was filed with the defendant's informed consent." However, there is also no indication that it was an improper filing. See Ex parte Rendon, 326 S.W.3d 221, 224 (Tex. Crim. App. 2010) (holding that the application maybe signed and presented by either the applicant or any other person on his behalf).
Therefore, we disagree with the trial court's recommendation to dismiss the applications. This Court has independently reviewed the record and considered the claims raised in the applications, and has determined that the claims are without merit. Therefore, relief is denied.