# Bustos, Freddie Pilar

> Court of Criminal Appeals of Texas · April 13, 2022

URL: https://www.frixlaw.com/law-library/cases/6332381

## Case

- **Court:** Court of Criminal Appeals of Texas
- **Decided:** April 13, 2022
- **Precedential status:** Published
- **Opinion:** Opinion
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6332381

## Opinion text

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Do not publish

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6332381. Public record. Not legal advice.