William Smith A/K/A Bill Smith v. State

Opinion

NUMBER 13-11-00694-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG

WILLIAM SMITH A/K/A BILL SMITH, Appellant,

v.

THE STATE OF TEXAS, Appellee.

On appeal from the 94th District Court of Nueces County, Texas.

ORDER

Before Justices Garza, Benavides and Perkes Order Per Curiam

On July 29, 2013, this Court issued a memorandum opinion affirming appellant’s conviction. See Smith v. State, No. 13-11-694-CR, slip op. (Tex. App.—Corpus Christi July 29, 2013, no pet. h.) (mem. op., not designated for publication). On August 28,

2

2013, appellant filed a motion for rehearing. On October 31, 2013, this Court denied appellant’s motion for rehearing; however, on the Court’s own motion, we withdrew our prior memorandum opinion and judgment and substituted a new memorandum opinion and judgment dated October 31, 2013. See Smith v. State, No. 13-11-694-CR, 2013 WL 5970400 (Tex. App.—Corpus Christi Oct. 13, 2013, no pet. h.) (mem. op., not designated for publication). On that same date, the State filed a motion to reconsider the publication status of the memorandum opinion, requesting that this Court designate the opinion for publication. See TEX. R. APP. P. 47.2(b). This Court granted the motion on November 5, 2013. See id.

Today, on the Court’s own motion, the opinion and judgment are HEREBY WITHDRAWN. The case will remain under submission.

It is so ORDERED.

PER CURIAM

Do not publish. See TEX. R. APP. P. 47.2(b).

Delivered and filed the 26th day of November, 2013.