IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
CAUSE NUMBER 674597 IN THE 208TH JUDICIAL DISTRICT COURT
HARRIS COUNTY
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 was convicted of the felony offense of capital murder, and punishment was assessed at life imprisonment. Applicant appealed, and his conviction was affirmed. Eadeh v. State, No. 01-96-00594-CR (Tex. App. -- Houston, delivered January 6, 2000, no pet.).
Applicant contends, inter alia, 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. The trial court, based upon an affidavit from appellate counsel, found that counsel did not timely inform Applicant that his conviction had been affirmed or that he could file a petition for discretionary review from his conviction because counsel did not receive word of affirmance from the court of appeals until after the time for filing the petition for discretionary review had expired. The record supports the trial court's findings.
Accordingly, 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 674597 from the 208th Judicial District Court of Harris 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.
Applicant's remaining claims are dismissed. See Ex parte Torres, 943 S.W.2d 469 (Tex. Crim. App. 1997).
DELIVERED: May 18, 2005
DO NOT PUBLISH