Acosta, Rino Rey

• Court: Court of Criminal Appeals of Texas
• Decided: September 18, 2024
• Docket: WR-95,790-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NOS. WR-95,790-01 & WR-95,790-02

EX PARTE RINO REY ACOSTA, Applicant

ON APPLICATIONS FOR WRITS OF HABEAS CORPUS CAUSE NOS. 6607-A & 6606-A IN THE 100TH DISTRICT COURT FROM CHILDRESS COUNTY

Per curiam.

OPINION

Applicant was originally placed on deferred adjudication for two separate offenses of

burglary of a habitation. Later, he was adjudicated guilty and sentenced to twenty-five years’ and

fifty years’ imprisonment. The Seventh Court of Appeals affirmed his convictions. Acosta v. State,

Nos. 07-22-00149-CR & 07-22-00150-CR (Tex. App.—Amarillo Aug. 23, 2023) (not designated

for publication). Applicant filed these applications for writs of habeas corpus in the county of

conviction, and the district clerk forwarded them to this Court. See TEX. CODE CRIM. PROC. art.

11.07.

Applicant contends that he was deprived of his right to file petitions for discretionary review.

Based on the record, the trial court has determined that Applicant was deprived of his right to file 2

petitions for discretionary review and that Applicant would have timely filed petitions for

discretionary review.

Relief is granted. Applicant may file out-of-time petitions for discretionary review of the

judgments of the Seventh Court of Appeals in cause numbers 07-22-00149-CR & 07-22-00150-CR.

Should Applicant decide to file petitions for discretionary review, he must file them with this Court

within thirty days from the date of this Court’s mandate.

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Delivered: September 18, 2024 Do not publish