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 writ of habeas corpus filed pursuant to the provisions of Article 11.07, V.A.C.C.P. Applicant was convicted of unauthorized use of a motor vehicle and punishment was assessed at 4 years in prison. This conviction was affirmed. O'Brien v. State, No. 14-94-01218-CR (Tex.App. - Houston [14th dist.], opinion delivered December 12, 1996).
Applicant alleges that he was denied his right to petition this Court for discretionary review of the Court of Appeals' opinion because he was not timely informed of the right to file a pro se petition for discretionary review. Applicant is entitled to relief.
Accordingly, Applicant is granted leave to file an out-of-time petition for discretionary review from the Court of Appeals' judgment in cause number No. 14-94-01218-CR affirming the conviction in cause number 9410164 in the 174th District Court of Harris County, Texas. The proper remedy in a case such as this is to allow Applicant to file his petition with the Court of Appeals within thirty days of the issuance of this Court's mandate.
DELIVERED: January 26, 2005
DO NOT PUBLISH