IN THE COURT OF CRIMINAL APPEALS
OF TEXAS

NO. 74,738

 

EX PARTE LEON EUGENE BOOKMAN, Applicant


ON APPLICATION FOR A WRIT OF HABEAS CORPUS
FROM GALVESTON COUNTY

Per Curiam.


O P I N I O N



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 possession of cocaine, and punishment was assessed at fifty years imprisonment. Applicant's conviction was affirmed on appeal. Bookman v. State, No. 14-01-01267-CR (Tex. App. -- Houston [14th], delivered September 26, 2002, no pet.).

Applicant contends that he was denied an opportunity to file a petition for discretionary review when his attorney failed to notify him of the appellate court's decision. The trial court found that Applicant was denied an opportunity to file a petition for discretionary review.

Habeas corpus relief is granted, in part, and Applicant is granted leave to file an out-of-time petition for discretionary review from his conviction in cause number 01CR0334 from the 10th District Court of Galveston 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.





DELIVERED: September 3, 2003

DO NOT PUBLISH