Opinion
No. 74,536.
January 15, 2003. DO NOT PUBLISH, Tex.R.App.P. 47.2(b).
Application for a Writ of Habeas Corpus from Liberty County.
OPINION
This is a post-conviction application for a writ of habeas corpus forwarded to this Court pursuant to Article 11.07, V.A.C.C.P. Applicant was convicted of the offense of sexual assault of a child in Cause Number 19,336 in the 253rd Judicial District Court of Liberty County. The conviction was affirmed by the Court of Appeals. Golden v. State, 874 S.W.2d 366 (Tex.App.-Beaumont, 2000, no pet.). In the instant application Applicant contends he was denied his right to petition this Court for discretionary review due to his attorney's ineffective representation by failing to notify Applicant after the conviction was affirmed that he had a right to petition this Court pro se to review the holding of the Court of Appeals. The trial court, after investigation, recommends that relief be granted in the form of an out-of-time Petition for Discretionary Review. We agree with the recommendation. Habeas corpus relief is granted and Applicant is granted leave to file an out-of-time Petition for Discretionary Review from his conviction in Cause Number 19,336 in the 253rd Judicial District Court of Liberty County, Texas. The proper remedy in a case such as this is to allow the applicant to file his Petition for Discretionary Review with the Court of Appeals within thirty (30) days of the issuance of the mandate of this Court in this cause. He may then follow the proper procedures in order that a meaningful review of his conviction may be had.