Gutierrez, James Anthony

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-94,402-01

EX PARTE JAMES ANTHONY GUTIERREZ, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. W366-81270-2021-HC IN THE 366TH DISTRICT COURT
FROM COLLIN COUNTY

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

OPINION

Applicant was convicted of aggravated assault and sentenced to life 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

in cause number 366-81270-2021 from the 366th District Court of Collin County. Within ten days
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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 11, 2023
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