Opinion
No. 74,547.
January 29, 2003. DO NOT PUBLISH, Tex.R.App.P. 47.2(b).
Application for a Writ of Habeas Corpus from Cherokee County.
OPINION
This is a post-conviction application for writ of habeas corpus filed pursuant to the provisions of Article 11.07, V.A.C.C.P. Applicant was convicted of criminal solicitation and punishment was assessed at life in prison. This conviction was affirmed. Keen v. State, No. 12-01-00017-CR (Tex.App.-Tyler, opinion delivered August 14, 2002). Applicant alleges that he was denied his right to petition this Court for discretionary review of the Court of Appeals' opinion because he was not timely informed of the right to file a pro se petition for discretionary review. The record indicates that appellate counsel made no contact with applicant after the Court of Appeals issued its opinion. Applicant is entitled to relief. Ex parte Wilson, 956 S.W.2d 25 (Tex.Crim.App. 1997). Accordingly, Applicant is granted leave to file an out-of-time petition for discretionary review from the Court of Appeals' judgment in cause number No. 12-01-00017-CR affirming the conviction in cause number 14292 in the 2nd Judicial District Court of Cherokee County, Texas. The proper remedy in a case such as this is to allow Applicant to file his petition with the Court of Appeals within thirty days of the issuance of this Court's mandate.