Taylor v. State

OPINION ON MOTION FOR REHEARING

COHEN, Justice.

Appellant has filed a vigorous motion for rehearing, alleging that we have split hairs and elevated form over substance by holding that the complaints raised for the first time in his memorandum of law filed November 1, 1991, presented nothing for review. Appellant complains that by holding the memorandum was neither an objection nor a motion sufficient to preserve review under Tex.R.App.P. 52(a), we have judged the motion by its title when we should have judged it by its substance. We will elaborate on our holding.

The trial judge held an…