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 OFAPPEALS NO. nS-96-01994-CR out" ' THE STATE OF TEXAS, 

### TO THE CQURJ, OF APPE*tSt^K THE FIFTH SUPREME JUDICIAL DISTRICT
- GREETINGS: Before our COURT OF CRIMINALAPPEALS, on the JSt day of OCTOBER, A.D. 1999, the cause upon an Application for Writ ofHabeas Corpus styled; EX PARTE GDLBERT FLORES ARGUMANIZ CCRANO 73.568 

### was determined; and therein our said COURT OF CRIMINALAPPEALS made its orderinthese 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 Courtthat the reliefprayed for should be GRANTED, it is ORDERED, ADJUDGED ANDDECREEDthat an out-of-timePetitionfor Discretionary Review is GRANTED, in accordance withthe Opinion ofthis Court, and that this Decision be certified below for Observance." 

## WHEREFORE, We commandyouto observe the order ofour said COURT OF CRIMINALAPPEALS inthis behalfand in all things have it duly recognized, obeyed and executed. 

### WITNESS, THE HONORABLE MICHAEL J. McCORMICK, Presiding Judge of our said COURT OF CRIMINAL APPEALS, with the Seal thereofannexed, at the City ofAustin, this \&L day ofNOVEMBER, A.D. 1999. TROY C. BENNETT, JR, Clerk

, Deputy Clerk? ••<,-, •*•;;<>'••:, ••>! .w-*K^.S ::i.^^i^tSW^^*^^^^*^§S«*^
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 AWRITOF HABEAS CORPUS FROM DALLAS COUNTY The opinion was deliveredper curiam.
OPINION 

### This is apost-conviction application for awrit ofhabeas 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 NumberF96-02383-UL in the Criminal District Court Number 5ofDallas. The conviction 

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

## Dallas, deliveredJuly 31, 1998, no pet.). In the instantpetition 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 ofhis right to petition this Court for^^^^s«^*^*^^s^^-'?'- discretionary review following the affirmance ofhis conviction. The trial court recommends that reliefbe granted. We agree with the recommendation. Habeas corpus reliefis 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 ofDallas 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 ofAppeals within thirty (30) days of the issuance of the mandate ofthis Court in this cause. He may then follow the proper procedures in order that a meaningful appeal from his conviction may be taken.

EN BANC DO NOT PUBLISH DELIVERED: October 20, 1999

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