Opinion
No. PD-1296-03
Delivered: June 8, 2005. DO NOT PUBLISH.
On Appellant's Petition for Discretionary Review from the Fifth Court of Appeals, Dallas County.
OPINION
The appellant was convicted of possession of a controlled substance, enhanced by two prior felony convictions, and sentenced to twenty-five years' confinement in the Texas Department of Criminal Justice. On direct appeal, the appellant complained that the trial court erred in denying his motion for new trial on the basis of newly available evidence. In an unpublished opinion, the Fifth District Court of Appeals affirmed. We granted the appellant's petition for discretionary review to determine whether the Court of Appeals erred in concluding that the evidence submitted during the hearing on the motion for new trial was available to the appellant during the trial. The difficult procedural posture and the factual peculiarities of the case prevent us from reaching the ground on which we granted review. After reviewing the Court of Appeals's opinion, the appellant's petition, the briefs of the parties, and the relevant portions of the record, we conclude that our decision to grant the appellant's petition was improvident. The appellant's petition is dismissed. See Tex.R.App.P. 69.3.
Salinas v. State, No. 05-02-00505-CR (Tex.App.-Dallas, delivered July 3, 2003) (not designated for publication).