Opinion
No. AP-75,467
Delivered: June 28, 2006. DO NOT PUBLISH.
On Application for a Writ of Habeas Corpus, Cause No. 9233JD in the 1st Judicial District Court, Jasper County.
OPINION
This is a post-conviction application for a writ of habeas corpus forwarded to this Court pursuant to Tex. Code Crim. Proc. art. 11.07. Applicant was convicted of the felony offense of aggravated sexual assault, and punishment was assessed at twenty years imprisonment. Applicant appealed, and his conviction was affirmed. Steele v. State, No. 09-02-00183-CR (Tex.App.-Beaumont, delivered January 15, 2003, no pet.). Applicant contends that he was denied an opportunity to file a petition for discretionary review because his appellate attorney did not timely notify him that he could seek discretionary review, pro se. The trial court recommends that relief be granted. 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 9233JD from the 1st Judicial District Court of Jasper County. Applicant is ordered returned to the point at which he can file a meaningful petition for discretionary review. For purposes of the Texas Rules of Appellate Procedure, all time limits shall be calculated as if the Court of Appeals' decision had been rendered on the day the mandate of this Court issues. We hold that should Applicant desire to seek discretionary review, he must take affirmative steps to see that his petition is filed in the Court of Appeals within thirty days of the date the mandate of this Court has issued.