Gowans v. State

OPINION CONCURRING IN THE RESULTS BUT DISSENTING TO THE MANNER OF DISPOSAL

ROBERTS, Judge.

The majority dispose of this case under Art. 40.09, V.A.C.C.P., because of late filing of the brief. I agree with the result, but wonder if we are not holding appellant’s feet to the fire when we fail to do so with the State and the trial court. We must have rules, but they should be uniformly applied. The State of Texas habitually files briefs late, but they are considered by this Court. Is this in compliance with the statutes of this State? Art. 40.-09(10), V.A.C.C.P., provides that the State’s brief…