Applicant alleges 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 fact that his conviction had been affirmed and of the right to file a pro se petition for discretionary review. Appellate counsel has no recollection of informing applicant of these facts, and his file contains no evidence that applicant was notified. The trial court finds that there is no evidence that applicant was notified that his conviction had been affirmed or of the right to file a pro se petition for discretionary review. Applicant is entitled to relief. Ex parte Wilson, 956 S.W.2d 25 (Tex.Crim.App. 1997).
Accordingly, Applicant is granted leave to file an out-of-time petition for discretionary review from the Court of Appeals' judgment in cause number 13-99-00126-CR affirming the conviction in cause number 12840 from the 23rd District Court of Wharton 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 1, 2003
DO NOT PUBLISH