Opinion
No. 74,668
Delivered: May 21, 2003. Do Not Publish
On Application for a Writ of Habeas Corpus from Dallas 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 aggravated assault and the punishment assessed at confinement for eighteen years in the Texas Department of Criminal Justice — Institutional Division. The conviction was affirmed by the Court of Appeals. Howard v. State, 05-96-01773-CR (Tex.App.-Dallas, delivered June 21, 1999, 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 of the final action of the Court of Appeals. We believe the record shows Applicant to be entitled to relief. 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 F-9545834-LH in the Criminal District Court Number 1of Dallas 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.