Viser, Marquis Dwaine

• Court: Court of Criminal Appeals of Texas
• Decided: November 27, 2024
• Docket: WR-96,069-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-96,069-01

EX PARTE MARQUIS DWAINE VISER, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 93282-CR-A IN THE 300TH DISTRICT COURT FROM BRAZORIA COUNTY

Per curiam.

OPINION

Applicant was convicted of unlawful possession of a firearm by a felon and sentenced to

fourteen 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 pursue a direct appeal. The trial court finds

and concludes that Applicant invoked his right to appeal and was denied the right to appeal through

no fault of his own. The trial court has determined that Applicant is entitled to pursue an out-of-time

appeal. Ex parte Riley, 193 S.W.3d 900 (Tex. Crim. App. 2006).

Relief is granted. Applicant may file an out-of-time appeal of his conviction in cause number

93282-CR from the 300th District Court of Brazoria County. It appears that Applicant is represented 2

by counsel. If Applicant is not represented by counsel, then 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 wishes 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Delivered: November 27, 2024 Do not publish