IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
FROM 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 murder, and punishment was assessed at life imprisonment. Applicant appealed, and her conviction was affirmed. Gallegos v. State, No. 12-02-00453-CR (Tex. App. -- 14th Dist. Houston, delivered September 12, 2003).
Applicant contends that she was denied an opportunity to have her petition for discretionary review considered, because her appellate attorney failed to timely file the petition after requesting and receiving an extension of time from this Court. The trial court, based upon an affidavit from appellate counsel, found that Applicant relied on her appellate counsel's assurances that a petition for discretionary review would be filed on Applicant's behalf. The record reflects that counsel misplaced the card from this Court containing the new deadline for filing the petition, and did not timely file the petition for discretionary review.
Habeas corpus relief is granted, and Applicant is granted leave to file an out-of-time petition for discretionary review from her conviction in cause number 869578-B from the 183rd Judicial District Court of Harris County. Applicant is ordered returned to the point at which she 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, she must take affirmative steps to see that her petition is filed in the Court of Appeals within thirty days of the date the mandate of this Court has issued.
DELIVERED: February 2, 2005
DO NOT PUBLISH