In re Bannister

CONCURRING OPINION

TOM GRAY, Chief Justice.

Bannister asked this Court to compel the trial court to rule on a motion filed over one year ago. We requested a response. See Tex.R.App. P. 52.4. The State’s response is that the subject of the motion, whether Bannister’s criminal judgment improperly contains a deadly weapon finding, has already been litigated and Bannister lost. The State then provides an excellent summary of the history of the repeated litigation of that issue with attached documents, including a petition for writ of habeas corpus and a prior petition for writ of mandamus. Ex parte…