Miles v. State

OPINION ON APPELLANT’S MOTION FOR REHEARING

Our prior opinion in this cause is withdrawn.

Following his plea of guilty, appellant was convicted in a trial before the court for the offense of aggravated possession of marihuana. Punishment was assessed at 8 years. Notice of appeal was given. The appeal is currently pending before the Seventh Court of Appeals in Cause No. 07-89-0177-CR.

The State has filed a petition for discretionary review. Within that petition, the State maintains the Court of Appeals has no jurisdiction to consider appellant’s appeal. Specifically, the State seeks to challenge…