IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
FROM LUBBOCK COUNTY
OPINION
This is an application for a writ of habeas corpus which was transmitted to this Court by the clerk of the trial court pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure. Ex Parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of aggravated sexual assault in the first-degree, and his punishment was assessed at sixty years imprisonment. This conviction was affirmed on March 13, 2001. DeLeon v. State, No. 07-00-00189-CR (Tex. App. -- Amarillo, 2001, no pet.).
In his application for a writ of habeas corpus, Applicant contends that he was denied his right to file a pro se petition for discretionary review following the court of appeals' decision to affirm his conviction.
Based on this Court's holding in Ex parte Wilson, 956 S.W.2d 25, 27 (Tex. Crim. App. 1997), the trial court has found that Applicant is entitled to an out-of-time petition for discretionary review. After a thorough review of the record, we find that the trial court's determination is correct. As such, Applicant is granted leave to file an out-of-time petition for discretionary review from the Court of Appeals' judgment in cause number 07-00-00189-CR affirming his conviction in cause number 2000-432-860 from the 237th Judicial District Court of Lubbock County, Texas. Applicant shall file his petition for discretionary review with the Court of Appeals within thirty days of the issuance of this Court's mandate.
DELIVERED: April 28, 2004
DO NOT PUBLISH