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 attempted murder and punishment was assessed at 17 years in prison. This conviction was affirmed. Lopez v. State, No. 08-95-00030-CR (Tex.App. - El Paso, opinion delivered August 22, 1996, no pet.).
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 that the conviction was affirmed and of the right to file a pro se petition for discretionary review. The trial court concludes that there is no evidence to dispute applicant's claims that he was not provided with this notice and recommends that relief be granted. 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. 08-95-00030-CR affirming the conviction in cause number 723963-34 from the 34th District Court of El Paso 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.
DELIVERED: July 2, 2003
DO NOT PUBLISH