IN THE COURT OF CRIMINAL APPEALS
OF TEXAS


NOS. 74,652 & 74,653

 

EX PARTE RANDY LEE MOORE, Applicant


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

 
O P I N I O N



This is an application for a writ of habeas corpus which was transmitted to this Court by the clerk of the trial court pursuant to the provisions of Article 11.07, V.A.C.C.P. Ex Parte Young, 418 S.W.2d 824 (Tex. Crim. App. 1967). Applicant was convicted of two charges of attempted capital murder, and punishment was assessed at ninety-nine years imprisonment in both causes. Applicant's convictions were affirmed on appeal. Moore v. State, Nos. 07-97-0489-CR; 07-97-0490-CR (Tex. App.-Amarillo, delivered March 30, 1999, no pet.).

Applicant contends that his appellate counsel was ineffective for not timely informing him that his conviction had been affirmed and that he had a right to file a pro se petition for discretionary review, thereby denying him an opportunity to file a petition for discretionary review.

In Ex parte Wilson, 956 S.W.2d 25 (Tex. Crim. App. 1997), we held that for counsel to render effective assistance on appeal, he must inform the client that the case has been affirmed and that the client can pursue discretionary review on his own. The record, including counsel's affidavit, supports Applicant's allegation that he was not informed, in a timely manner, of his case being affirmed on appeal or of his right to pursue a pro se petition for discretionary review.

Therefore, Applicant is entitled to relief. The proper remedy is to return Applicant to the point at which he can file a petition for discretionary review. He may then follow the proper procedures in order that a meaningful petition for discretionary review may be filed. 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 the Court in this cause 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 after 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: April 30, 2003

DO NOT PUBLISH