This is a post-conviction application for a writ of habeas corpus forwarded to this Court pursuant to Article 11.07, V.A.C.C.P. Applicant was convicted of the offense of delivery of a controlled substance in Cause Number 802129 in the 230th District Court of Harris County. The conviction was affirmed by the Court of Appeals. Diggles v. State, No. 01-99-00793-CR (Tex.App. - Houston [1st], delivered November 30, 2000, no pet.). In the instant application Applicant contends he was denied his right to petition this Court for discretionary review due to his attorney's ineffective representation by failing to notify Applicant after the conviction was affirmed that he had a right to petition this Court pro se to review the holding of the Court of Appeals. The trial court after reviewing the application has found that the attorney did, in fact, fail to inform Applicant of his right to petition for review of the Court of Appeals' decision, but did not make a recommendation as to disposition. We believe the record shows Applicant to be entitled to relief.
Habeas corpus relief is granted and Applicant is granted leave to file an out-of-time petition for discretionary review from his conviction in Cause Number 802129 in the 230th District Court of Harris County, Texas. The proper remedy in a case such as this is to allow the applicant to file his petition for discretionary review with the Court of Appeals within thirty (30) days of the issuance of the mandate of this Court in this cause. He may then follow the proper procedures in order that a meaningful review of his conviction may be had.
DO NOT PUBLISH
DELIVERED: April 23, 2003