Copeland, Ex Parte Kevin Lehmar ( 2004 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

---

NO. 74,998

---

EX PARTE KEVIN LEHMAR COPELAND, Applicant

---

ON APPLICATION FOR A WRIT OF HABEAS CORPUS FROM HARRIS COUNTY

---

   Per Curiam.



O P I N I O 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 robbery. Punishment was assessed at eighteen years imprisonment. This conviction was affirmed, Copeland v. State, No. 07-01-423-CR (Tex. App.Amarillo, delivered January 24, 2002, no pet.).

Applicant contends, inter alia, that he was denied an opportunity to file a pro se petition for discretionary review because his appellate attorney did not timely advise him regarding his right to pursue discretionary review on his own. The record reflects that Applicant was not informed, in a timely manner, of his right to pursue a pro 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.

All other claims for relief are dismissed. Ex parte Torres, 943 S.W.2d 649 (Tex. Crim. App. 1997).

DELIVERED: August 31, 2004

DO NOT PUBLISH