The opinion
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NOS. WR-92,771-01, WR-92,771-02 & WR-92,771-03
EX PARTE ZACHERY LUCERO, Applicant
ON APPLICATIONS FOR WRITS OF HABEAS CORPUS
CAUSE NOS. A-19-0593-SA, A-19-0597-SA & A-19-0600-SA
IN THE 51ST DISTRICT COURT FROM TOM GREEN COUNTY
Per curiam.
OPINION
Applicant was convicted of unauthorized use of a motor vehicle, burglary of a habitation, and
aggravated robbery and sentenced to 365 days state jail, 765 days state jail, and twenty-five years’
imprisonment for each count, respectively. He filed these applications for writs of habeas corpus in
the county of conviction, and the district clerk forwarded them 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,
2
98 S.W.3d 700 (Tex. Crim. App. 2003). Applicant may file an out-of-time appeal of his convictions
in cause numbers A-19-0593-SA, A-19-0597-SA & A-19-0600-SA from the 51st District Court of
Tom Green 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. All deadlines shall be
calculated as if Applicant was sentenced on the date of this Court’s mandate. 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: June 23, 2021
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