Texas Department of Public Safety v. Canon

ON MOTION FOR REHEARING

No new contention is raised in the licensee’s motion for rehearing. Justice Akin, however, in his dissenting opinion raises the point, which the licensee has never mentioned, that the State’s motion to dismiss the appeal in the county court provides record evidence that the conviction in the justice court occurred before the dismissal in the county court on the same day and, therefore, at a time when the justice court had no jurisdiction because of the pendency of the appeal. This motion was considered on original submission, but was not discussed because the licensee…