Acosta, Hector

In the Court of Criminal
Appeals of Texas
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No. WR-91,718-01
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EX PARTE HECTOR ACOSTA, Applicant

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On “Unopposed Motion for New Filing Date
Under Article 11.071, Section 4a, due to
Applicant’s Inability to Competently File Initial Application”
Tarrant County
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YEARY, J., filed a dissenting opinion in which SLAUGHTER, J.,
joined.

The Court grants Applicant’s motion for a new filing date to be
established in this case. Consistent with the plain text of Article 11.071,
Section 4A, I would not do that; at least I would not do so until after the
expiration of the time currently allotted for the filing of his writ
application. See TEX. CODE CRIM. PROC. Art. 11.071, § 4A(a) (“On
ACOSTA – 2

command of the court of criminal appeals, a counsel who files an
untimely application or fails to file an application before the filing date
applicable under Section 4(a) or (b) shall show cause as to why the
application was untimely filed or not filed before the filing date.”); see
also TEX. CODE CRIM. PROC. Art. 11.071, § 4A(b)(2) (authorizing the
Court, “[a]t the conclusion of the counsel’s presentation to the court of
criminal appeals,” to “permit the counsel to continue representation of
the applicant and establish a new filing date for the application”).
For reasons stated in my dissenting opinion in Ex parte
Delacerda, No. WR-88,283-01, ___ S.W.3d ___, 2020 WL 3618440, at *1
(Tex. Crim. App. June 29, 2020) (“Section 4A of Article 11.071 does not
authorize this Court to grant the extension Applicant seeks.”), and in
my concurring opinions in Ex parte Colone, 575 S.W.3d 815 (Tex. Crim.
App. 2019), and Ex parte Brownlow, 575 S.W.3d 814 (Tex. Crim. App.
2019), I respectfully dissent.

FILED: November 29, 2022
DO NOT PUBLISH