RECEIVED IN RWRTOF APPEALS. 5th DTST.

MAR Ql 1999 USA ROMBOK CLERK, 5th DISTRICT

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. 73,096

EX PARTE MARK ANTHONY LARMOND, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS FROM DALLAS COUNTY

The opinion was delivered per curiam. PRICE, HOLLAND, WOMACK, and JOHNSON, JJ., dissent.

OPINION

This is a postconviction application for writ ofhabeas corpus forwarded to this Court pursuant to Code of Criminal Procedure article 11.07. Applicant was convicted of murder and sentenced to 99 years in prison. This conviction was affirmed. Larmond v. State, No. 05-91-00130-CR (Tex. App.-Dallas, December 30, 1991)(not designated for publication).

Applicant contends that he received ineffective assistance ofcounsel on appeal because his lawyer failed to inform him that the conviction had been affirmed until over two years after the mandate from the Court of Appeals had issued. He claims that, as a result of this delay, he was deprived of his right to file a petition for discretionary review.

Counsel filed an affidavit in which he swore that, thirty days after the court of appeals affirmed the conviction, he sent applicant a copy of the court of appeals' opinion.

Counsel attached a copy of the letter to the affidavit. The district court found the statements in counsel's affidavit to be true and recommended that relief be denied.

We find that the record supports the trial court's recommendation. Applicant has not established that he is entitled to relief.

Relief is denied.

PER CURIAM

Habeas Corpus Relief Denied.

DATE DELIVERED: February 24, 1999 DO NOT PUBLISH Price, Holland, Womack, andJohnson, JJ., dissent.

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