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 DO NOT PUBLISH.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.