Lozano, Marco Antonio

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-93,970-01

EX PARTE MARCO ANTONIO LOZANO, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. DC78-CR2019-0167*1 IN THE 78TH DISTRICT COURT
FROM WICHITA COUNTY

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

OPINION

Applicant pleaded guilty to possession of a controlled substance and was placed on deferred

adjudication probation. Following the State’s motion to proceed with adjudication of guilt, alleging

that Applicant had violated his probation conditions. The trial court found a number of those

allegations true, adjudicated Applicant guilty, and sentenced Applicant to eighteen months’

imprisonment in state jail. Applicant did not appeal his conviction. Applicant 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, among other things, 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
2

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 DC78-CR2019-0167 from the 78th District Court of Wichita 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.

Applicant’s remaining claims are dismissed. See Ex parte Torres, 943 S.W.2d 469 (Tex.

Crim. App. 1997). 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: February 22, 2023
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