Richard R. Reyes, Sr. v. State

DISSENTING OPINION

We issued an opinion on March 28, 2005, in this appeal. I concurred without a separate opinion in the judgment which dismissed the appeal. It now has become necessary for me to explain why I agreed with the original disposition of the appeal and why I now must dissent.

It was immediately obvious to me upon reading the first sentence of the Memorandum Opinion that the case had been improperly designated as a criminal appeal. The first sentence of the Opinion reads “Richard R. Reyes, Sr. appeals from the trial court’s December 1, 2004, denial of his request for medical…