IN THE COURT OF CRIMINAL APPEALS
OF TEXAS



NO. 74,690

 

EX PARTE DAMON KIRK BLACK, Applicant



ON APPLICATION FOR A WRIT OF HABEAS CORPUS
FROM GALVESTON COUNTY

Per Curiam.
 
O P I N I O N


This is a post-conviction application for a writ of habeas corpus forwarded to this Court pursuant to Article 11.07, V.A.C.C.P. Applicant was convicted of the offense of murder in cause number 96CR0075 in the 10th District Court of Galveston County. The conviction was affirmed by the Court of Appeals. Black v. State, No. 14-96-01089-CR (Tex.App. - Houston [14th], delivered June 25, 1998, no pet.). In the instant application Applicant contends he was denied his right to petition this Court for discretionary review due to his attorney's ineffective representation by failing to notify Applicant after the conviction was affirmed that he had a right to petition this Court pro se to review the holding of the Court of Appeals. The trial court, after remand, recommends that relief be granted in the form of an out-of-time petition for discretionary review. We agree with the recommendation.

Habeas corpus relief is granted and Applicant is granted leave to file an out-of-time petition for discretionary review from his conviction in Cause Number 96CR0075 in the 10th District Court of Galveston County, Texas. The proper remedy in a case such as this is to allow the applicant to file his petition for discretionary review with the Court of Appeals within thirty (30) days of the issuance of the mandate of this Court in this cause. He may then follow the proper procedures in order that a meaningful review of his conviction may be had.



DELIVERED: June 11, 2003

DO NOT PUBLISH