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Parsons v. State

Court of Appeals of Texas, Tenth District, Waco
Aug 18, 2004
No. 10-03-00007-CR (Tex. App. Aug. 18, 2004)

Opinion

No. 10-03-00007-CR

Order filed August 18, 2004. DO NOT PUBLISH.

Appeal from the 82nd District Court Falls County, Texas, Trial Court # 7706.

Stan Schwieger, Attorney at Law, Waco, TX, for appellant/relator. Kathryn J. Gilliam, Falls County District Attorney, Marlin, TX, for appellee/respondent.

Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.


ORDER SETTING ASIDE JUDGMENT AND WITHDRAWING PRIOR OPINION


We withdraw our opinion and judgment dated June 23, 2004. See TEX. R. APP. P. 19.1.


DISSENTING OPINION


Parsons filed a petition for discretionary review. The Court now believes that it needs to rewrite its opinion. The question this procedure presents is whether the general rule of plenary jurisdiction under Rule of Appellate Procedure 19 is applicable or whether the more specific rule regarding our jurisdiction under Rule of Appellate Procedure 50 is applicable. TEX. R. APP. P. 19, 50. Using the well-established rule of construction that the more specific controls over the more general, and finding that Rule 50 is far more specific than Rule 19, I would hold that to withdraw our opinion we must comply with Rule 50. See Marbut v. State, 76 S.W.3d 742, 750-752 (Tex. App.-Waco 2002, pet. ref'd) (Gray, J., dissenting); Marbut v. State, 58 S.W.3d 241, 242 (Tex. App.-Waco 2001, no pet.). Because the Court withdraws its opinion without even purporting to comply with Rule 50, I respectfully dissent.


Summaries of

Parsons v. State

Court of Appeals of Texas, Tenth District, Waco
Aug 18, 2004
No. 10-03-00007-CR (Tex. App. Aug. 18, 2004)
Case details for

Parsons v. State

Case Details

Full title:JOSEPH DANIEL PARSONS, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Tenth District, Waco

Date published: Aug 18, 2004

Citations

No. 10-03-00007-CR (Tex. App. Aug. 18, 2004)

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