Opinion
04-22-00420-CR 04-22-00421-CR
05-09-2024
Aaron POUCH, Appellant v. The STATE of Texas, Appellee
From the 198th Judicial District Court, Kerr County, Texas Trial Court Nos. B19843-1, B19622-1 Honorable M. Rex Emerson, Judge Presiding
ORDER
PER CURIAM
On April 10, 2024, we issued our opinion and order withdrawing the previous submission dates, abating the appeals, and remanding the causes to the trial court to appoint new appellate counsel.
On April 25, 2024, the State filed its motion for rehearing. It asserts we should have affirmed the convictions because, in similar cases, the Amarillo court of appeals has done so twice. See Mayo v. State, No. 07-23-00243-CR, 2024 WL 1469051, at *1 (Tex. App.-Amarillo Apr. 4, 2024, no pet. h.) (op. on reh'g); Stanberry v. State, No. 07-23-00194-CR, 2024 WL 538835, at *1 (Tex. App.-Amarillo Feb. 9, 2024, no pet. h.) (mem. op.).
As we explained in our April 10, 2024 opinion and order, the Fourth Court of Appeals has "not previously decided the question which the records currently before us present." Pouch v. State, No. 04-22-00420-CR, 2024 WL 1543268, at *3 (Tex. App.-San Antonio Apr. 10, 2024, no pet. h.) (mem. op., not designated for publication). We noted that "[w]e have not found any mandatory authority on this question from the Court of Criminal Appeals, and there is not yet a clear, well-established consensus among our sister courts." Id.
Accordingly, the State's motion for rehearing is DENIED. See Tex. R. App. P. 49.3.
It is so ORDERED.