IN THE COURT OF CRIMINAL APPEALS
OF TEXAS

NO. 74,639

 

EX PARTE STEVEN WAYNE RUSSELL, Applicant


ON APPLICATION FOR A WRIT OF HABEAS CORPUS
FROM HUNT COUNTY
 Per Curiam.


O P I N I O N



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 punishment was assessed at life in prison. This conviction was affirmed. Russell v. State, No. 05-00-01978-CR (Tex.App. - Dallas, opinion delivered January 16, 2002).

Applicant alleges that he was denied his right to petition this Court for discretionary review of the Court of Appeals' opinion because he was not timely informed of the right to file a pro se petition for discretionary review or the time limits for doing so. Appellate counsel believed that he notified applicant, but cannot locate any correspondence indicating that he did so. The trial court finds that applicant was not notified of the fact that he could file a pro se petition for discretionary review or of the time limits for doing so. The trial court recommends that relief be granted. We agree. Applicant is entitled to relief. Ex parte Wilson, 956 S.W.2d 25 (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 No. 05-00-01978-CR affirming the conviction in cause number 19,717 from the 196th District Court of Hunt County. The proper remedy in a case such as this is to allow Applicant to file his petition with the Court of Appeals within thirty days of the issuance of this Court's mandate.



DELIVERED: April 23, 2003

DO NOT PUBLISH