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 sexual assault of a child, and punishment was assessed at life in prison. This conviction was affirmed. Spencer v. State, No. 02-97-253-CR (Tex.App. - Ft. Worth, opinion delivered December 3, 1998, no pet.).
Applicant contends, inter alia, that he was denied an opportunity to file a petition for discretionary review because his appellate counsel failed to timely inform him that his conviction had been affirmed. 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 F-97-0289-D from the 362nd Judicial District Court of Denton 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.
Applicant's remaining claims are dismissed. See Ex parte Torres, 943 S.W.2d 469 (Tex. Crim. App. 1997).
DELIVERED: January 22, 2003
DO NOT PUBLISH