TEXAS COURT OF CRIMINAL APPEALS

Austin, Texas ^ ffl $K

ormDT OF APPFALS ^

MANDATE

COURT OF APPEALS

NOV 18 1999

TRIAL COURT NO. WQfi-02383-LfAI USA ROMBOK _ CLERK, 5th DISTRICT COURT OF APPEALS NO. nS-96-01994-CR out" '

THE STATE OF TEXAS,

TO THE CQURJ, OF APPE*t St^K THE FIFTH SUPREME JUDICIAL DISTRICT - GREETINGS:

Before our COURT OF CRIMINAL APPEALS, on the JSt day of OCTOBER, A.D. 1999, the cause upon an

Application for Writ ofHabeas Corpus styled;

EX PARTEGDLBERT FLORES ARGUMANIZ

CCRANO 73.568

was determined; and therein our said COURT OF CRIMINAL APPEALS made its order in these words:

"This cause came on to be heard on the Application for Writ ofHabeas Corpus, and the same being considered,

because it is the Opinion ofthis Court that the relief prayed for should be GRANTED, it is ORDERED, ADJUDGED

AND DECREED that an out-of-time Petition for Discretionary Review is GRANTED, in accordance with the Opinion

ofthis Court, and that this Decision be certified below for Observance."

WHEREFORE, We command you to observe the order ofour said COURT OF CRIMINAL APPEALS in this

behalf and in all things have it duly recognized, obeyed and executed.

WITNESS, THE HONORABLE MICHAEL J. McCORMICK, Presiding Judge

ofour said COURT OF CRIMINAL APPEALS,

with the Seal thereof annexed, at the City ofAustin,

this \&L day of NOVEMBER, A.D. 1999.

TROY C.BENNETT, JR, Clerk

,Deputy Clerk
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FILED W p COURT Of N*EMS

NOV 18 1999

USA ROMBOK

CLERK, 5th DISTRICT

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

No. 73,568

EX PARTE GILBERTFLORES ARGUMANIZ, Applicant

ON APPLICATION FOR AWRIT 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 murder in

Cause Number F96-02383-UL in the Criminal District Court Number 5of Dallas. The conviction

was affirmed by the Court of Appeals. Argumaniz v. State, No. 05-96-01994-CR (Tex.App. -

Dallas, delivered July 31, 1998, no pet.). In the instant petition Applicant contends he was denied

his right to petition this Court for discretionary review due to his attorney's ineffective

representation in that his attorney failed to inform him of his right to petition this Court for
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discretionary review following the affirmance ofhis conviction. The trial court recommends that

reliefbe granted. 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 F96-02383-UL from the Criminal

District Court Number 5 of Dallas County, Texas. The proper remedy in a case such asthis is

to allow the applicant to file his petition for discretionary review with the Court ofAppeals 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 ameaningful appeal from his conviction may be taken.

EN BANC

DO NOT PUBLISH

DELIVERED: October 20, 1999

ATrue Copy