IN THE COURT OF CRIMINAL APPEALS
OF TEXAS

NO. 74,830

 

EX PARTE GARY LEE HAWKINS, Applicant


ON APPLICATION FOR A WRIT OF HABEAS CORPUS
FROM HARRIS COUNTY
 Per Curiam.

 

O P I N I O N



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 capital murder, and sentenced to life imprisonment. His conviction was affirmed on July 11, 2002. Hawkins v. State, No. 14-01-00542-CR (Tex. App. -- Harris 2002, no pet.).

Applicant alleges that he was denied his right to file a pro se petition for discretionary review because his counsel failed to timely inform him of the fact that his conviction had been affirmed and of his right to pursue a petition for discretionary review on his own. This Court finds, based upon the record, that Applicant was denied his right to file a pro se petition for discretionary review; therefore, Applicant is entitled to relief. Ex parte Wilson, 956 S.W.2d 25, 27 (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 14-01-00542-CR affirming his conviction in cause number 840714 from the 174th Judicial District Court of Harris County, Texas. Applicant shall file his petition with the Court of Appeals within thirty days of the issuance of this Court's mandate.



DELIVERED: November 19, 2003

DO NOT PUBLISH