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 possession of a controlled substance and punishment was assessed at confinement for 35 years in prison. This conviction was affirmed. Dixon v. State, No. 09-00-00168-CR (Tex.App. - Beaumont, opinion delivered December 19, 2001).
Applicant alleges that he was denied his right to petition this Court for discretionary review of the Court of Appeals' opinion because he was led to believe that Staff Counsel for Offenders would be assisting him with his petition. The trial court finds that delays in the Staff Counsel's office led applicant to believe that he would receive assistance with his petition, and this caused applicant to miss the opportunity to file a petition for discretionary review. The trial court recommends that relief be granted. We agree.
Accordingly, Applicant is granted leave to file an out-of-time petition for discretionary review from the Court of Appeals' judgment in cause number 09-00-00168-CR affirming the conviction in cause number 98-06-00767-A-CR from the 410th District Court of Montgomery 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: October 15, 2003
DO NOT PUBLISH