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. A jury found Applicant guilty of robbery and assessed punishment at twelve years in prison. Applicant appealed, and his conviction was affirmed. Burleson v. State, No. 01-98-00027-CR (Tex. App. -- Houston [1st Dist.], delivered February 4, 1999, no pet.).
Applicant contends that he was denied an opportunity to file a petition for discretionary review because the court of appeals has misplaced his petition for discretionary review. Through no fault of his own, Applicant was denied the opportunity to file a petition for discretionary review. Applicant is 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 765249 from the 228th Judicial District Court of Harris County. Applicant is ordered returned to the point at which he 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, he must take affirmative steps to see that his petition is filed in the Court of Appeals within thirty days of the date the mandate of this Court has issued.
DELIVERED: July 2, 2003
DO NOT PUBLISH