No. AP-75,743
Delivered: August 22, 2007. DO NOT PUBLISH.
On Application for a Writ of Habeas Corpus Cause No. 951157-A in the 263rd Judicial District Court From Harris 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 writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex.Crim.App. 1967). Applicant was convicted of murder and sentenced to sixty years' imprisonment. The Fourteenth Court of Appeals affirmed his conviction. Lindsey v. State, No. 14-04-00393-CR (Tex.App.-Houston [14th Dist.], August 30, 2005, no pet.) Applicant contends, inter alia, that he was denied the opportunity to petition this Court for discretionary review because appellate counsel failed to timely notify Applicant that his conviction had been affirmed. 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 his conviction had been affirmed. The trial court recommends that relief be granted. Ex parte Wilson, 956 S.W.2d 25 (Tex.Crim.App. 1997). We find, therefore, that Applicant is entitled to the opportunity to file an out-of-time petition for discretionary review of the judgment of the Fourteenth Court of Appeals in Cause No. 14-04-00393-CR that affirmed his conviction in Case No. 951157-A from the 263rd Judicial District Court of Harris County. Applicant shall file his petition for discretionary review with the Fourteenth Court of Appeals within 30 days of the date on which this Court's mandate issues. Applicant's remaining claims are dismissed. See Ex parte Torres, 943 S.W.2d 469 (Tex.Crim.App. 1997).