Vargas, Mark Anthony

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-86,085-03

EX PARTE MARK ANTHONY VARGAS, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 23885-B IN THE 329TH DISTRICT COURT
WHARTON COUNTY

Per curiam.

OPINION

Applicant was convicted of burglary of a habitation and sentenced to twenty-

five 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
2

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 23885 from the 329th District Court of

Wharton 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: DECEMBER 11, 2025
Do not publish