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 manslaughter and punishment was assessed at 20 years in prison. This conviction was affirmed. Haynes v. State, 85 S.W.3d 855 (Tex.App. - Waco, no pet.).
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. Appellate counsel concedes that this allegation is true. The trial court finds that applicant was not timely notified of the fact that his conction was affirmed or of his right to file a pro se Petition for Discretionary Review. 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. 10-01-00380-CR affirming the conviction in cause number 22068CR from the 40th Judicial District Court of Ellis 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 2, 2003
DO NOT PUBLISH