The opinion
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-94,668-02
EX PARTE FRANCISCO TAYLOR, JR., AKA FRANCISCO GOMEZ TAYLOR, JR.,
AKA FRANCISCO GOMEZ TAYLOR, AKA FRANK TAYLOR GOMEZ, JR., Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 2021-DCR-02169-G IN THE 404TH DISTRICT COURT
FROM CAMERON COUNTY
Per curiam. SLAUGHTER, J., filed a concurring opinion.
OPINION
Applicant was convicted of aggravated assault with a deadly weapon 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.
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
2
in cause number 2021-DCR-2169 from the 404th District Court of Cameron 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: January 31, 2024
Do not publish