The opinion
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-93,657-01
EX PARTE FREDDIE PILAR BUSTOS, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. C-372-W012048-1472251-A IN THE 372ND DISTRICT COURT
FROM TARRANT COUNTY
Per curiam.
OPINION
Applicant was convicted of aggravated assault of a family member with a weapon and
sentenced to forty five years’ imprisonment. The Second Court of Appeals affirmed his conviction.
Bustos v. State, No. 02-19-00028-CR (Tex. App.—Fort Worth Apr. 23, 2020) (not designated for
publication). Applicant filed this application for a writ of habeas corpus in the county of conviction,
and the district clerk forwarded it to this Court. See TEX . CODE CRIM . PROC. art. 11.07.
Applicant contends, among other things, that appellate counsel failed to timely inform
Applicant that his conviction had been affirmed. Based on the record, the trial court has determined
that appellate counsel’s performance was deficient and that Applicant would have timely filed a
petition for discretionary review but for counsel’s deficient performance.
2
Relief is granted. Ex parte Wilson, 956 S.W.2d 25 (Tex. Crim. App. 1997); Ex parte Crow,
180 S.W.3d 135 (Tex. Crim. App. 2005). Applicant may file an out-of-time petition for
discretionary review of the judgment of the Second Court of Appeals in cause number 02-19-00028-
CR. Should Applicant decide to file a petition for discretionary review, he must file it with this
Court within thirty days from the date of this Court’s mandate. Applicant’s remaining claims are
dismissed. See Ex parte Torres, 943 S.W.2d 469 (Tex. Crim. App. 1997).
Copies of this opinion shall be sent to the Texas Department of Criminal Justice–Correctional
Institutions Division and the Board of Pardons and Paroles.
Delivered: April 13, 2022
Do not publish