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 aggravated robbery and punishment was assessed at 18 years in prison. This conviction was affirmed. Mendoza v. State, No 07-98-00334-CR (Tex.App. - Amarillo, opinion issued September 14, 1999).

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 or the time limits for doing so. Appellate counsel concedes that this allegation is true. The trial court finds that applicant was not timely notified of the fact that he could file a pro se petition for discretionary review or of the time limits for doing so. Applicant is entitled to relief. Ex parte Wilson, 956 S.W.2d 25 (Tex.Crim.App. 1997).

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. 07-98-00334-CR affirming the conviction in cause number 7828 from the 84th District Court of Hutchinson County. 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: April 9, 2003

DO NOT PUBLISH