Rodriguez v. Court of Appeals, Eighth Supreme Judicial District

Agreeing with the ultimate decision of the Court, I write to explicate my reasons for concurring in its grant of relief.

In his application for writ of habeas corpus filed August 21,1987, applicant alleged that he “is illegally restrained of his liberty by virtue of his conviction ... on January 14,1987, of the felony offense of theft over $750.00, in Cause No. 48455.” He then recounted posttrial and appellate developments summarized at the outset in the opinion of the Court; he invoked certain *560rules of Texas Rules of Appellate Procedure against the actions and omissions of the court of…