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Click here for the full text of this decision FACTS:This is an application for a writ of habeas corpus which was transmitted pursuant to Texas Code of Criminal Procedure Article 11.07. The applicant was convicted of aggravated robbery with a deadly weapon and sentenced to 40 years imprisonment. His conviction was affirmed by the 4th Court of Appeals in an unpublished opinion. The applicant contends that his appellate counsel rendered ineffective assistance because he failed to ensure that the applicant received timely notice of the 4th Court of Appeals’ denial of his motion for rehearing. As a result, the applicant claims that he was denied the opportunity to file a petition for discretionary review. HOLDING:After a review of the habeas record, the trial court determined that the applicant is entitled to the opportunity to file an out-of-time petition for discretionary review due to counsel’s failure to “assure that Applicant’s ability to file a Petition for Discretionary Review was protected.” The court agrees. The applicant is granted leave to file an out-of-time petition for discretionary review from the court of appeals’ judgment. OPINION:Per curiam.

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