Antunez v. State

DISSENTING OPINION ON OVERRULING OF STATE’S MOTION FOR LEAVE TO FILE MOTION FOR REHEARING WITHOUT WRITTEN OPINION

ONION, Presiding Judge.

Color me amazed again, this time with a shade of deep concern. See Aldrighetti v. State, 507 S.W.2d 770, 775 (Tex.Cr.App.1974) (dissenting opinion). The bare majority of five judges overrules the State’s motion for leave to file a motion for rehearing without written opinion. Such action is incredible given the circumstances of this case.

On original submission the conviction was reversed because of “unassigned fundamental error” in the court’s charge at the…