IN THE COURT OF CRIMINAL APPEALS
OF TEXAS

NO.74, 685

 

EX PARTE JERRY DEAN FOSTER, Applicant


ON APPLICATION FOR A WRIT OF HABEAS CORPUS
FROM HARRIS COUNTY

Per Curiam.


O P I N I O N



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 unauthorized use of a motor vehicle and punishment was assessed at 8 years in prison. This conviction was affirmed. Foster v. State, No. 04-01-00040-CR (Tex.App. - San Antonio, opinion delivered February 13, 2002).

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DO NOT PUBLISH