Davis v. State

The opinion of the Court says that “pursuant to the authority conferred on this Court by Tex.R.App.Pro.Rules 200(a) and 2(b), we refuse the State’s petition and grant discretionary review on our own motion.” 1 Since the decision of the Austin Court of Appeals was delivered almost a year ago now, Davis v. State, 700 S.W.2d 678 (Tex.App.—Austin 1983), an explanation of this extraordinary turn of events is in order.

That this Court has constitutional jurisdiction, power and authority to review a decision of a court of appeals in a criminal case on its own motion, “as provided by law, ” cannot be…