Per Curiam.

This is a post-conviction application for a writ of habeas corpus filed pursuant to Article 11.07, V.A.C.C.P. Applicant was convicted of murder and his punishment was assessed at forty-five years imprisonment. This conviction was affirmed, Wilson v. State, No. 07-00-0584-CR (Tex.App. - Amarillo, delivered September 19, 2001, no pet.).

Applicant contends that he was denied an opportunity to file a petition for discretionary review because his appellate attorney did not notify him that he could file a pro se petition for discretionary review. An affidavit filed by appellate counsel states that counsel timely notified Applicant that the appeal had been affirmed, but did not advise him that he could file a pro se petition for discretionary review. The trial court has found that Applicant has not received an opportunity to file a pro se petition for discretionary review.

Therefore, Applicant is entitled to relief. Ex parte Wilson, 965 S.W.2d 25 (Tex.Cr.App. 1997). The proper remedy in a case such as this is to return Applicant to the point at which he can file a petition for discretionary review. He may then follow the proper procedures in order that a meaningful petition for discretionary review may be filed. 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 after the mandate of this Court has issued.

DELIVERED: February 12, 2003

DO NOT PUBLISH