Samarron, Ex Parte Victor ( 2004 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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NO. AP-74,956

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EX PARTE VICTOR SAMARRON, Applicant

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ON APPLICATION FOR A WRIT OF HABEAS CORPUS FROM BEXAR COUNTY

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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 Tex. Code Crim. Proc. art. 11.07. Applicant pleaded guilty to the offense of murder and was sentenced to 65 years in prison. Applicant appealed, and his conviction was affirmed. Samarron v. State, No. 04-01-00124-CR (Tex. App. -- San Antonio, delivered August 14, 2002).

Applicant contends that he was denied an opportunity to file a petition for discretionary review because his appellate attorney did not timely notify him that his conviction had been affirmed or that he could seek discretionary review, pro se. The trial court found, based on an affidavit filed by Applicant's appellate counsel, that Applicant was denied the opportunity to file a timely petition for discretionary review, and recommended that he be afforded the opportunity to do so.

Habeas corpus relief is granted, in part, and Applicant is granted leave to file an out-of-time petition for discretionary review from his conviction in cause number 2000-CR-4546 from the 290^th Judicial District Court of Bexar County. Applicant is ordered returned to the point at which he can file a meaningful petition for discretionary review. 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 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 of the date the mandate of this Court has issued.

DELIVERED: June 9, 2004

DO NOT PUBLISH