O'brien, Ex Parte George

• Court: Court of Criminal Appeals of Texas
• Decided: January 26, 2005
• Docket: AP-75,076
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,076 EX PARTE GEORGE O'BRIEN, 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 unauthorized use of a motor vehicle and punishment was assessed at 4 years in prison. This conviction was affirmed. O'Brien v. State, No. 14-94-01218-CR (Tex.App. - Houston [14^th dist.], opinion delivered December 12, 1996).

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 right to file a pro se petition for discretionary review. Applicant is entitled to relief.

Accordingly, Applicant is granted leave to file an out-of-time petition for discretionary review from the Court of Appeals' judgment in cause number No. 14-94-01218-CR affirming the conviction in cause number 9410164 in the 174th District Court of Harris 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: January 26, 2005

DO NOT PUBLISH