In Re Reyes

For the reasons set out in my dissenting opinion dated May 11, 2005 in Reyes v. State, 166 S.W.3d 333 (Tex.App.-Waco, no pet. h.) (Gray, C.J., dissenting, May 11, 2005), I dissent to the Memorandum Opinion in this proceeding. The Court of Criminal Appeals has returned the document that we forwarded to it which we received after we issued our earlier opinion. See Reyes v. State, 166 S.W.3d 333 (Tex.App.-Waco, no pet. h.) (Vance, J., concurring, May 11, 2005) (regarding forwarding the documents to the Court of Criminal Appeals as a Petition for Discretionary Review).

The Court of Criminal…