Glover, Joseph v. Texas, the State Of
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Opinion
IN THE COURT OF CRIMINAL APPEALS OF TEXAS
NO. 73,617
EX PARTE JOSEPH GLOVER, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS FROM DALLAS COUNTY
The opinion was delivered per curiam.
OPINION
This is a post-conviction application for a writ of habeas corpus filed pursuant to
Article 11.07, V.A.C.C.P. Applicant was convicted of aggravated robbery. Punishment was
assessed at forty-five years imprisonment. This conviction was affirmed, Glover v. State. No.
05-94-01143-CR (Tex. App.— Dallas, delivered February 20, 1997, no pet.).
Applicant contends that he was denied an opportunity to file a pro se petition for
discretionary review because his appellate attorney did not timely advise him as to his right to
pursue discretionary review. The trial court finds that Applicant was deprived of his opportunity to file a pro se petition for discretionary review and recommends that relief be
granted. The record reflects that Applicant was not informed, in a timely manner, of his right
to pursue a pro se petition for discretionary review.
Applicant is entitled to relief. The proper remedy in a case like this is to return
Applicant to the point at which he can file a petition for discretionary review. He may then
follow the proper procedures in order that a meaningful petition for discretionary review may
be filed. 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 in this cause 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 after the mandate of this Court has issued.
Copies of this opinion shall be sent to the Texas Department of Criminal Justice,
Institutional and Pardons and Paroles Divisions.
DELIVERED: November 17, 1999 DO NOT PUBLISH P^S { ( HOVia'3'i \*yi ; - ;?_^; .. ,., •-, (. -i#
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