Beller
v.
State

Not overruled or negatively treated on appealinfoCoverage
Court of Appeals of TexasJan 26, 2005
160 S.W.3d 587 (Tex. App. 2005)

No. 10-02-00282-CR.

January 26, 2005.

Appeal from the 411th District Court, Polk County, Texas, Trial Court # 16480; Robert Hill Trapp, Judge.

Karen Zellars, Spring, for appellant.

John S. Holleman, Polk County Dist. Atty., William Lee Hon, Polk County Asst. Dist. Atty., Livingston, for appellee.


DISSENTING OPINION TO ABATEMENT ORDER OF DECEMBER 1, 2004, ON PETITION FOR DISCRETIONARY REVIEW


TOM GRAY, Chief Justice.

For the reasons stated in my dissenting opinion to the order withdrawing the judgment and opinion on petition for discretionary review, the Court lacks jurisdiction to issue an abatement order. See Beller v. State, No. 10-02-00282-CR, 2004 WL 3015320, at *1, 2004 Tex.App. LEXIS 10354, at *4 (Tex.App.-Waco Dec. 29, 2004, order) (per curiam) (Gray, C.J., dissenting). Accordingly, I dissent.