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Ex parte Martin

Court of Criminal Appeals of Texas
Feb 14, 2024
WR-95,442-01 (Tex. Crim. App. Feb. 14, 2024)

Opinion

WR-95,442-01

02-14-2024

EX PARTE FRANCIS MARTIN, Applicant


Do not publish

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 7199-A IN THE 39TH DISTRICT COURT FROM HASKELL COUNTY

OPINION

Per curiam

Applicant pleaded guilty to possession of a controlled substance and was placed on deferred community supervision. Following the adjudication of his guilt, he was sentenced to eight years' imprisonment. Applicant 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. The parties all agree 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 7199 from the 39th District Court of Haskell 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 his 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.


Summaries of

Ex parte Martin

Court of Criminal Appeals of Texas
Feb 14, 2024
WR-95,442-01 (Tex. Crim. App. Feb. 14, 2024)
Case details for

Ex parte Martin

Case Details

Full title:EX PARTE FRANCIS MARTIN, Applicant

Court:Court of Criminal Appeals of Texas

Date published: Feb 14, 2024

Citations

WR-95,442-01 (Tex. Crim. App. Feb. 14, 2024)