Benavides v. State

Motion for Rehearing of En Banc Opinion

This case was argued before a panel consisting of Justices Cohen, Andell, and O’Connor. Justices Andell and O’Connor voted to reverse. However, no panel opinion was ever issued. The only opinion that issued in this case was issued by the en banc court, with Justices Andell and O’Connor dissenting.

The appellant filed a motion for rehearing arguing the Court improperly considered this case en banc before the panel issued its opinion. The appellant contends the proper time for submission of a case for en banc consideration, with or without a motion, is…