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 life in prison. This conviction was affirmed. Hough v. State, No. 03-01-00265-CR (Tex.App. - Austin, opinion delivered May 23, 2002).
Applicant alleges that he was denied his right to petition this Court for discretionary review of the Court of Appeals' opinion because counsel indicated that he would file a petition for discretionary review on applicant's behalf and then failed to do so. The trial court finds that counsel did indicate that he would file a petition for discretionary review on applicant's behalf. Counsel failed to notify applicant when counsel decided not for file the petition. 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. 03-01-00265-CR affirming the conviction in cause number 4880 in the 119th Judicial District Court of Runnels 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: September 10, 2003
DO NOT PUBLISH