Bigley v. State

The authority claimed for the disposition of the court of appeals is Tex.R.App.Pro., Rule 80(b). Bigley v. State, 831 S.W.2d 409, at 415, n. 2 (Tex.App.—Austin 1992). Today the majority reads the rule literally, as if it were newly granted authority sans any judicial interpretive gloss on its intendment and application.

Rule 80(b) and (c) derive directly from former article 44.24(b), V.A.C.C.P., extant when the Advisory Committee on Appellate Rules (“Guittard Committee”) transformed the article essentially in style and format— with one major exception.1 Thus by descent *30from rules of appellate…