Martinez v. State

This Court abated this appeal to require compliance with Sowels. 1 Martinez v. State, 135 S.W.3d 233 (Tex.App.-Waco, 2004, order) withdrawn, April 22, 2004. I dissented. Id. (Gray, C.J., dissenting). In response to the abatement order, the State, not the defendant, filed a motion to reconsider. The Court granted the motion for reconsideration and withdrew its earlier abatement order. I heartily concurred in the withdrawal of the abatement order, and agreed to issue the order of withdrawal before I had completed a concurring opinion, so as to cut off the need for the hearing previously ordered…