Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of possession with intent to deliver a controlled substance and sentenced to eighty years' imprisonment. The conviction was affirmed on appeal. Akin v. State, 07-05-00238-CR (Tex. App.-- Texarkana December 9, 2005, no pet.).

Applicant contends that his appellate counsel rendered ineffective assistance because counsel failed to file a petition for discretionary review although retained to do so.

The trial court has determined that trial counsel was ineffective and that counsel's deficient performance prejudiced Applicant. We find, therefore, that Applicant is entitled to the opportunity to file an out-of-time petition for discretionary review of the judgment of the Seventh Court of Appeals in Cause No. 07-05-00238-CR that affirmed his conviction in Case No. 9531 from the 355th Judicial District Court of Hood County, Texas. Applicant shall file his petition for discretionary review with the Seventh Court of Appeals within 30 days of the date on which this Court's mandate issues.

Delivered: November 15, 2006

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