Armstrong v. State

DISSENTING OPINION ON DENYING LEAVE TO FILE STATE’S MOTION FOR REHEARING

DOUGLAS, Judge.

The majority overrules the State’s motion for leave to file motion for rehearing without written opinion. The motion filed by the Honorable Steve Simmons, District Attorney, and his Assistant, William J. Ellis, of El Paso County, is adopted as a dissent by this writer.

I

“In its analysis of the cause at bar, this honorable Court summed up the case *124against Appellant as consisting of three points, and then discussed how the strength of each point had been ‘diminished.’ ‘When the sufficiency of the evidence is…