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IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. 73,443

EX PARTE DONALD RAY FOREMAN, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS FROM DALLAS COUNTY _

The opinion was delivered per curiam.

OPINION

This is apost-conviction application for awrit of habeas corpus forwarded to this Court pursuant to Article 11.07, V.A.C.C.P. Applicant was convicted of the offense of burglary of ahabitation in Cause Number F-9647105-MQ in the 204th District Court of Dallas. The conviction was affirmed by the Court of Appeals. Foreman v. State, No. 05-96-01600-CR (Tex.App. -Dallas, delivered June 17, 1998, pet. dism'd). In the instant application applicant contends,, inter alia, that he was denied his right to timely petition this Court for discretionary review due to his attorney's ineffective representation by his failure to timely notify Applicant of the action of the Court of Appeals. The trial court has recommended relief be granted on this basis. We agree with the recommendation.

Habeas corpus relief is granted and applicant is granted leave to file an out-of-time petition for discretionary review from his conviction in Cause Number F-9647105-MQ in the 204th District Court of Dallas County, Texas. The proper remedy in a case such as this is to allow the applicant to file his petition for discretionary review with the Court of Appeals within thirty (30) days of the issuance of the mandate of this Court in this cause. He may then follow the proper procedures in order that a meaningful appeal from his conviction may be taken. All other relief sought is denied.

EN BANC DO NOT PUBLISH DELIVERED: June 30, 1999

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