Hogan, Wesley Joseph v. Texas, the State Of ( 1998 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. 73,265
EX PARTE WESLEY JOSEPH HOGAN, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
FROM COLLIN COUNTY
The opinion was delivered per curiam.
OPINION
This is a post-conviction application for a writ of habeas corpus filed pursuant to
Article 11.07, V.A.C.C.P. Applicant was convicted of theft. Punishment was assessed at
twenty years imprisonment. This conviction was affirmed, Hogan v. State. No. 05-94-01055-
CR (Tex. App.— Dallas, delivered August 31, 1995, no pet.).
Applicant contends, inter alia, that he was denied an opportunity to file apro se
petition for discretionary review because his appellate attorney did not timely advise him as to
his right to pursue discretionary. The trial court has entered findings of fact that Applicant was
not timely advised of his right to pursue apro se petition for discretionary review.
In Ex parte Wilson, 956 S.W.2d 25 (Tex. Crim. App. 1997), we held that for counsel
to render effective assistance on appeal, he, or she, must notify the client the case has been
affirmed and that the client can pursue discretionary review on his own.
Applicant is entitled to relief. The proper remedy in a case like this is to return
Applicant to the point at which he can file a petition for discretionary review. He may then
follow the proper procedures in order that a meaningful petition for discretionary review may
be filed. For purposes of the Texas Rules of Appellate Procedure, all time limits shall be
calculated as if the Court of Appeals' decision had been rendered on the day the mandate of
this Court in this cause issues. We hold that should Applicant desire to seek discretionary
review, he must take affirmative steps to see that his petition is filed in the Court of Appeals
within thirty days after the mandate of this Court has issued.
Copies of this opinion shall be sent to the Texas Department of Criminal Justice,
Institutional and Pardons and Paroles Divisions.
PER CURIAM
DELIVERED: December 16, 1998
DO NOT PUBLISH A True Copy
T?oy C.Bennett, Jr., Clerk
Holland, J., not participating. CourtTot Criminal Appeals^ Texas
By*( Deputy