Roy v. State

*548ORDER ON MOTION FOR REHEARING

KINKEADE, Justice.

The Court has before it the State’s May 22, 1991 motion for rehearing, timely filed after this Court issued its new opinion and judgment on May 15, 1991. Tex.R.App.P. 101. While the Supreme Court of Texas has expressly amended Tex.R.App.P. 130(b) to provide that a court of appeals shall rule on any timely motion for rehearing notwithstanding a premature application for writ of error, cf. OKC Corp. v. UPG, Inc., 795 S.W.2d 162 (Tex.1990), we find no corresponding amendment promulgated by the Texas Court of Criminal Appeals. Therefore, we conclude…