Silva v. State

Opinion on appellee’s Motion for Rehearing

LOPEZ, Justice.

The State of Texas has timely filed a motion for rehearing, raising four grounds for review. The State’s motion for rehearing is denied; however, after reconsidering the manner in which we addressed the jurisdictional issue in our prior opinion, we withdraw our opinion and judgment of September 17, 1997, and substitute this opinion and judgment.

Appellant, Elliott Manuel Silva (“Silva”), pled guilty to the offense of aggravated robbery and was sentenced by a jury to life imprisonment and a $10,000 fine. In this appeal, Silva raises one…