Deifik v. State

OPINION ON THE STATE’S PETITION FOR DISCRETIONARY REVIEW

SUE WALKER, Justice.

INTRODUCTION

Pursuant to Texas Rule of Appellate Procedure 50, we withdraw our July 19, 2001 opinion issued in this cause and substitute this opinion. TexRApp. P. 50. We rewrite on the State’s Petition for Discretionary Review to clarify that we exercjse direct jurisdiction over this appeal.

The primary issue in this appeal is whether this court possesses jurisdiction over appellant Todd Alan Deifik’s (“Dei-fik”) appeal. We conclude that we do have jurisdiction. Because Deifik and the State agree that the trial court’s…