Holmes v. State

MEYERS, J.,

joined by KELLER, P.J, and KEASLER and HERVEY, J.J.

I authored the opinion on the State’s first motion for rehearing. I now believe that opinion, as well as the Court’s opinion on original submission should be withdrawn because neither opinion addressed the issue raised all along by the State in its petition for discretionary review and its rehearing motions — whether these cases were cognizable for a review by the court of appeals1 — and both opinions fail to address the State’s repeated claim that this case is like McGlynn v. State, 704 S.W.2d 18 (Tex.Crim.App.1982)(opinion on…