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 aggravated kidnapping and punishment was assessed two terms of life in prison. This conviction was affirmed. McMillan v. State, No. 12-96-00349-CR (Tex.App. - Tyler, opinion delivered June 26, 1998, no pet.).

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 fact that his conviction had been affirmed and of the right to file a pro se petitions for discretionary review. The trial court finds that applicant did not timely receive such notice and recommends that relief be granted. 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 numbers 12-96-00349 affirming the conviction in cause number 1-93-1117 from the 241st Judicial District Court of Smith 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: September 10, 2003

DO NOT PUBLISH