Martinez v. State

With respect, this dissent is filed. On a previous date, a unanimous Ninth Court of Appeals overruled Martinez’ points of review and affirmed the District Court. The Court takes a dramatically opposite position in its opinion on the Motion for Rehearing. It is significant that the Appellant was convicted on two separate counts of misapplication of fiduciary property and one separate count of felony theft. The Court of Criminal Appeals remanded the case to this Court for further proceedings dealing with the fourteen “points of error” which had not been considered by our Ninth Court.

The Court…