Opinion
No. 74,813
Delivered: October 22, 2003. DO NOT PUBLISH.
On Application for a Writ of Habeas Corpus from Smith County.
OPINION
This is a post-conviction application for writ of habeas corpus filed pursuant to the provisions of Article 11.07, V.A.C.C.P. Applicant was convicted of capital murder, and sentenced to life imprisonment. His conviction was affirmed on July 11, 2001. Thompson v. State, 54 S.W.3d 88 (Tex.App. — Tyler 2001, no pet.). Applicant alleges that he was denied his right to file a pro se petition for discretionary review because his counsel failed to timely inform him of the fact that his conviction had been affirmed and of his right to pursue a petition for discretionary review on his own. This Court finds that Applicant was denied his right to file a pro se petition for discretionary review due to the ineffective assistance of his appellate counsel; therefore, Applicant is entitled to relief. Ex parte Wilson, 956 S.W.2d 25, 27 (Tex.Crim.App. 1997). Accordingly, Applicant is granted leave to file an out-of-time petition for discretionary review from the Court of Appeals' judgment in cause number 12-00-00138-CR affirming his conviction in cause number 114-0068-00 from the 114th Judicial District Court of Smith County, Texas. Applicant shall file his petition with the Court of Appeals within thirty days of the issuance of this Court's mandate.