Opinion
No. AP-75,529
Delivered: October 25, 2006. DO NOT PUBLISH.
On Application for a Writ of Habeas Corpus, Cause No. 959700 in the 184th, District Court from Harris County.
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 Theft over $1,500 and less than $20,000 and sentenced to 2 years' imprisonment. The First Court of Appeals affirmed his conviction. Olukunle Gabriel Adesiyan v. State, No. 01-04-00494-CR (Houston [1st District] August 11, 2005). Applicant contends that his appellate counsel rendered ineffective assistance because counsel failed to timely notify Applicant that his conviction had been affirmed and failed to advise him of his 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 his conviction had been affirmed and failed to advise him of his right to petition for discretionary appeal pro se. 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 First Court of Appeals in Cause No. 01-04-00494-CR that affirmed his conviction in Case No. 959700 from the 184TH Judicial District Court of Harris County, Texas. Applicant shall file his petition for discretionary review with the First Court of Appeals within 30 days of the date on which this Court's mandate issues.