No. AP-75,742
Delivered: August 22, 2007. DO NOT PUBLISH.
On Application for a Writ of Habeas Corpus Cause No. F01-21312-MQ in the 204th District Court from Dallas County.
PER CURIAM.
OPINION
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 this application for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex.Crim.App. 1967). Applicant was convicted of forgery and sentenced to ten years' imprisonment. The Fifth Court of Appeals affirmed her conviction. Bell v. State, No. 05-02-00491-CR (Tex.App.-Dallas, delivered August 21, 2003, no pet.). Applicant contends, among other things, that her appellate counsel rendered ineffective assistance because counsel failed to timely notify Applicant that her conviction had been affirmed and failed to advise her of her right to petition for discretionary review pro se. Appellate counsel filed an affidavit with the trial court. Based on that affidavit, the trial court has entered findings of fact and conclusions of law that appellate counsel failed to timely notify Applicant that her conviction had been affirmed and failed to advise her of her right to petition for discretionary appeal pro se. Ex parte Wilson, 956 S.W.2d 25 (Tex.Crim.App. 1997). We find that Applicant is entitled to the opportunity to file an out-of-time petition for discretionary review of the judgment of the Fifth Court of Appeals in Cause No. 05-02-00491-CR that affirmed her conviction in Case No. F01-21312-MQ from the 204th Judicial District Court of Dallas County. Applicant shall file her petition for discretionary review with the Fifth Court of Appeals within 30 days of the date on which this Court's mandate issues. Applicant's remaining claims are dismissed. Ex parte Torres, 943 S.W.2d 469 (Tex.Crim.App. 1997).