Marascio, Eric Reed

• Court: Court of Criminal Appeals of Texas
• Decided: May 7, 2014
• Docket: WR-80,939-02
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

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NOS. WR-80,939-01, WR-80,939-02 AND WR-80,939-03

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EX PARTE ERIC REED MARASCIO, Applicant

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ON APPLICATIONS FOR WRITS OF HABEAS CORPUS

CAUSE NOS. W380-80601-09-HC, W380-80602-09-HC AND W380-80603-09-HC

IN THE 380TH DISTRICT COURT

FROM COLLIN COUNTY

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            Per curiam.

O R D E R

            Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court these applications for writs of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of three charges of bail jumping or failure to appear and sentenced to eight years’ imprisonment for each charge, to run concurrently.

            Applicant contends, among other things, that his convictions in these three charges violate the constitutional prohibition on double jeopardy. We order that this application be filed and set for submission to determine whether 1) the double jeopardy issue was preserved by trial counsel’s plea of prior jeopardy; 2) whether double jeopardy is available as a free-standing claim on post-conviction habeas review where the issue was preserved at trial but not raised on direct appeal; and 3) whether convictions for multiple charges of failure to appear arising from a single failure to appear constitute double jeopardy. The parties shall brief these issues.

            The trial court shall determine whether Applicant is indigent. If Applicant is indigent and desires to be represented by counsel, the trial court shall appoint an attorney to represent Applicant. Tex. Code Crim. Proc. art 26.04. The trial court shall send to this Court, within 60 days of the date of this order, a supplemental transcript containing either the order appointing counsel or a statement that Applicant is not indigent. All briefs shall be filed with this Court on or before August 5, 2014.

Filed: May 7, 2014

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