Applicant alleges, inter alia, 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. An affidavit from counsel indicates that he did not receive timely notice of the fact that the conviction had been affirmed, so he was unable to notify applicant. Applicant is entitled to relief.
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. 04-01-00040-CR affirming the conviction in cause number 839152 in the 339th District Court of Harris County, Texas. 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: June 4, 2003
DO NOT PUBLISH