Wooten, Jermaine v. State ( 1999 )

FILED IN COURT OF PPEA1S JUN o 4 1999 LISA ROMBOK CLERK, 5th DISTRICT IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. 73,414 EX PARTE JERMAINE WOOTEN, Applicant ON APPLICATION FOR A WRIT OF HABEAS CORPUS FROM DALLAS COUNTY The opinion was delivered per euriam. OP IN 10 N 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 aggravated sexual assault and aggravated robbery. Punishment was assessed at life imprisonment in each cause. These convictions were affirmed, Women v, State, Nos. 05-95-01591-CR and 05-95-01592-CR (Tex. App.— Dallas, delivered June 10, 1998, no pet.). Applicant contends that he was denied an opportunity to file a pro se petition for discretionary review because his appellate attorney did not timely file a petition for discretionary review. Specifically, Applicant contends that counsel agreed to file a petitio n for discretionary review on Applicant’s behalf, failed to do so, and Applicant’s reliance on counsels statements prevented him from filing apro ce petition for discretionary review. The trial court has entered findings of facts and conclusions of law, based on the record, that Applicant’s assertions are true and recommends that relief be granted. Applicant is entitled to relief. The proper remedy in a case like this is to return Applicant to the point al 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. DELIVERED: Junc 2, 1992 DO NOT PUBLISH S Court of Criminal appcal LIox 12308 LISA ROME CapitoL ‘tatioii CLERK ET? COURTHOUSE Th,tut,exaS 78711 73,414 II