State v. Washington

Court of Criminal Appeals of Texas

State v. Washington

816 S.W.2d 431, 1991 Tex. Crim. App. LEXIS 196, 1991 WL 199423

CourtCourt of Criminal Appeals of Texas

DecidedOctober 2, 1991

DocketNo. 669-91

StatusPublished

This text of 816 S.W.2d 431 (State v. Washington) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Washington, 816 S.W.2d 431, 1991 Tex. Crim. App. LEXIS 196, 1991 WL 199423 (Tex. 1991).

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Opinion

ORDER WITHDRAWING OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

PER CURIAM.

Appellant was convicted by a jury of possession of cocaine. The trial court assessed punishment, enhanced by two prior convictions, at forty-five years imprisonment. This conviction was reversed and remanded for a new assessment of punishment. Washington v. State, (Tex.App.—Houston [14th Dist.] No. 14-90-487-CR, delivered April 4, 1991).

In a per curiam opinion, delivered September 11,1991, we summarily granted the State’s petition for discretionary review and remanded the cause to the court of appeals for reconsideration in light of our opinion on rehearing in Reed v. State, 811 S.W.2d 582 (Tex.Cr.App.1991). However, on September 16, 1991, the State informed [432]*432us that the court of appeals, pursuant to Tex.R.App.Proc. 101, had already reconsidered and corrected its prior opinion and judgment. See Washington v. State, 810 S.W.2d 313 (Tex.App.—Houston [14th Dist.] 1991).

We, therefore, withdraw our previous opinion, delivered September 11, 1991, and dismiss the State’s petition as moot.

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ORDER WITHDRAWING OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

PER CURIAM.

Appellant was convicted by a jury of possession of cocaine. The trial court assessed punishment, enhanced by two prior convictions, at forty-five years imprisonment. This conviction was reversed and remanded for a new assessment of punishment. Washington v. State, (Tex.App.—Houston [14th Dist.] No. 14-90-487-CR, delivered April 4, 1991).

In a per curiam opinion, delivered September 11,1991, we summarily granted the State’s petition for discretionary review and remanded the cause to the court of appeals for reconsideration in light of our opinion on rehearing in Reed v. State, 811 S.W.2d 582 (Tex.Cr.App.1991). However, on September 16, 1991, the State informed [432]*432us that the court of appeals, pursuant to Tex.R.App.Proc. 101, had already reconsidered and corrected its prior opinion and judgment. See Washington v. State, 810 S.W.2d 313 (Tex.App.—Houston [14th Dist.] 1991).

We, therefore, withdraw our previous opinion, delivered September 11, 1991, and dismiss the State’s petition as moot.

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816 S.W.2d 431, 1991 Tex. Crim. App. LEXIS 196, 1991 WL 199423, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-washington-texcrimapp-1991.

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