Beller v. State

ORDER

A jury convicted Appellant of theft and assessed punishment at confinement for four years. The Court of Appeals affirmed the conviction on September 15, 2004. Better v. State, 192 S.W.3d 1, No. 10-02-00282-CR, 2004 WL 2070536 (Waco, delivered September 15, 2004). On October 18, 2004, Appellant timely filed her petition for discretionary review in the Court of Appeals. See Tex.R.App.P. 68.2. On November 17, 2004, the Court of Appeals withdrew its opinion, but failed to issue another opinion in its place.

The Court of Appeals did not act properly under Tex.R.App.P. 50, which requires that…