# Marquezgonzalez, Juan

> Court of Criminal Appeals of Texas · September 13, 2023

URL: https://www.frixlaw.com/law-library/cases/9840372

## Case

- **Court:** Court of Criminal Appeals of Texas
- **Decided:** September 13, 2023
- **Precedential status:** Published
- **Opinion:** Opinion
- **Cited by:** 0 later opinions in the Frix Law Library

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## Opinion text

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NOS. WR-92,747-02 & WR-92,747-03

EX PARTE JUAN MARQUEZGONZALEZ, Applicant

ON APPLICATIONS FOR WRITS OF HABEAS CORPUS
CAUSE NOS. W-1776747-A & W-1900401-B IN THE 204TH DISTRICT COURT
FROM DALLAS COUNTY

Per curiam. SLAUGHTER, J., filed a concurring opinion.

OPINION

Applicant was convicted of two aggravated sexual assault of a child less than fourteen years

old offenses. He was sentenced to twenty five years’ imprisonment for the first offense and thirty

five years’ imprisonment for the second. 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, and failed to inform him of his right to appointed counsel and a free appellate

record. Based on the record, the trial court has found that counsel failed to timely file a notice of

appeal and failed to inform Applicant of his right to appointed counsel on appeal.
2

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 out-of-time appeals of his convictions

in cause numbers F-1776747-Q & F-1900401-Q from the 204th District Court of Dallas 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: September 13, 2023
Do not publish

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9840372. Public record. Not legal advice.