Per Curiam.
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 was convicted of murder and sentenced to 40 years in prison. Applicant filed a timely notice of appeal and counsel was appointed to represent Applicant on appeal. Applicant's conviction was affirmed by the Ninth Court of Appeals on August 13, 2003. Venable v. State, 113 S.W.3d 797 (Tex. App. - Beaumont 2003).
Applicant contends that he was denied an opportunity to file a petition for discretionary review because his appellate attorney did not timely notify him of the result of his appeal or that he could seek discretionary review, pro se. The trial court found that Applicant was denied the opportunity to file a timely petition for discretionary review, and recommends 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 B-010389AR in the 163rd District Court of Appeals in Orange County, Texas. 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: September 15, 2004
DO NOT PUBLISH