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 aggravated sexual assault of a child and punishment was assessed at confinement for life in prison. This conviction was affirmed. Fulcher v. State, No. 14-93-00964-CR (Tex.App. - Houston [14th], opinion delivered March 23, 1995).
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 concedes that applicant did not receive such notice. 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 14-93-00964-CR affirming the conviction in cause number 92CR0128 from the 10th Judicial District Court of Galveston 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. All of Applicant's other claims are dismissed. Ex parte Torres, 943 S.W.2d 469 (Tex. Crim. App. 1997).
DELIVERED: April 23, 2003
DO NOT PUBLISH