The opinion
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-97,425-01
EX PARTE SERGIO GUADAL MARESMARTINEZ AKA
MARES, SERGIO GUADALUPE, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. C-372-W012713-1665547-A
IN THE 372ND DISTRICT COURT
TARRANT COUNTY
Per curiam. YEARY, J., dissented.
OPINION
Applicant was convicted of sexual assault of a child and sentenced to twenty
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.
The Court received this writ application on February 27, 2026. On March
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12, 2026, this Court dismissed the application as non-compliant. It has come to this
Court’s attention that the record contained a compliant application that should
have been considered.
After reconsideration on its own motion, the Court withdraws the previous
order entered in this application and substitutes this opinion.
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 in cause number 1665547 from the 372nd District
Court of Tarrant 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
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Justice–Correctional Institutions Division and the Board of Pardons and Paroles.
Delivered: April 9, 2026
Do not publish