0$-<f<t- (70S- Q^ EX PARTE MARLON DION LOTT Habeas Corpus Application NO. ?3>154 from COLLIN Cppg^i^Q COURT OF APPEALS OPINION SEP 2 1 1998 This isa post-conviction application for writ ofhabeas corpus forwarded toLISft^OMBOK CLERK, 5th DISTRICT pursuant to Article 11.07, V.A.C.C.P. Applicant was convicted of aggravated robbery and sentenced to 65 years in prison. This conviction was affirmed. Lott v. State, No.05-94- 01705-CR (Tex.App. - Dallas, delivered April 30, 1996, no pet.).

Applicantcontendsthat he was denied his right to petition this Court for discretionary review of the Court of Appeals' opinion because he was not timely informed that the conviction had been affirmed. The record indicates that Applicant never received a copy of the appellate opinion which counsel sent to him. 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.05-94-01705-CR, affirming the conviction in cause number 366-80390-94 in the 366th Judicial District Court of Collin 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.

PER CURIAM

DELIVERED: September 16, 1998 DO NOT PUBLISH ~,-i c» ~f, -*b._«P S*~ ZT^^ss. —-'.-> i SEP i7"38 Court of Criminal gppeate nr.cc. pox 12308 ?aL_ _-JS Capitol Station LISA ROMBOK gustm^exa* 78711 dS?7526002° C0^RCE 2ND FLOOR 73,154 '2>4#l&234 ""•'♦'•'"'IiIIIimiiI,!,!,,!! i/i „„| i i j |j i{ ,, „ si ij } '"ii>nitll»l!lf|{|HiiiltfHiJill{/ii!lH!!li