The opinion
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-86,085-03
EX PARTE MARK ANTHONY VARGAS, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 23885-B IN THE 329TH DISTRICT COURT
WHARTON COUNTY
Per curiam.
OPINION
Applicant was convicted of burglary of a habitation and sentenced to twenty-
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 counsel
failed to timely file a notice of appeal. Based on the record, the trial court has found
2
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 23885 from the 329th District Court of
Wharton 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: DECEMBER 11, 2025
Do not publish