X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
OPINION

A jury convicted Appellant of evading arrest or detention, and assessed punishment at confinement for ten years. The Court of Appeals found the evidence legally insufficient to support a third-degree felony offense level because the State failed to present proof of a prior conviction at the guilt/innocence stage of trial. Griego v. State, No. 07-09-00206-CR (Tex.App. – Amarillo, delivered June 10, 2010). Additionally, the Court of Appeals determined the evidence was factually insufficient to prove Appellant evaded arrest or detention, so the court reversed the conviction and remanded the case to the trial court for a new trial or for proceedings consistent with the opinion. Id. On October 15, 2010, the State timely filed a petition for discretionary review in the Court of Appeals. See Tex.R.App.P. 68.2. On October 26, 2010, the Court of Appeals withdrew its opinion, but failed to issue another opinion in its place. On January 11, 2011, the Court of Appeals issued another opinion and reformed the conviction to reflect that Appellant was guilty of the class B misdemeanor offense of evading arrest or detention. Griego v. State, S.W.3d (Amarillo, No. 07-09-00206-CR, delivered January 11, 2011). The Court of Appeals’s opinion issued on January 11, 2011, was untimely under rule 50 of the Texas Rules of Appellate Procedure because it was issued more than 60 days after the State’s petition for discretionary review had been filed. Accordingly, the court had no jurisdiction to issue that opinion. See Miller v. State, 267 S.W.3d 32 (Tex.Cr.App. 2008); Jones v. State, 280 S.W.3d 847 (Tex.Cr.App. 2006); Beller v. State, 191 S.W.3d 718 (Tex.Cr.App. 2005); Parsons v. State, 187 S.W.3d 385 (Tex.Cr.App. 2005); Ex parte Brashear, 985 S.W.2d 460 (Tex.Cr.App. 1998); Garza v. State, 896 S.W.2d 192 (Tex.Cr.App. 1995). Therefore, the Court of Appeals’s opinion issued on January 11, 2011, is ordered withdrawn, and the original judgment and opinion of the Court of Appeals that issued on June 10, 2010, are reinstated.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

Elite Trial Lawyers 2022 (ETL)

July 14, 2022
New York, NY

The National Law Journal Elite Trial Lawyers recognizes U.S.-based law firms performing exemplary work on behalf of plaintiffs.


Learn More

GlobeSt. ELITE Women of Influence 2022 (WOI)

July 25, 2022 - July 27, 2022
Park City, UT

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More

African Legal Awards (AFLA) 2022

September 02, 2022
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More

Commercial Finance Associate (Flexible location)


Duane Morris LLP seeks two commercial finance associates to join its strong and growing 190+ lawyer Corporate Practice Group. The ideal cand...


Apply Now ›

Litigation Associate


A highly regarded Orlando litigation boutique is seeking a business litigation associate with a minimum of two years of experience. The cand...


Apply Now ›

Commercial Litigation Associate


Duane Morris LLP has an opening in its San Francisco office for a commercial litigation associate to join its team. The ideal candidate wil...


Apply Now ›

RAYNES & LAWN

06/29/2022
TLI Web

Raynes & Lawn is proud to congratulate Harold I. Goodman on the prestigious honor of Lifetime


View Announcement ›

MCCORMICK & PRIORE, P.C.

06/23/2022
TLI Web

IN MEMORIUM: With a profound sense of sadness, McCormick & Priore announces that Harry A Short, Jr., a preeminent products liability defense lawyer in Philadelphia with a career that spanned over sixty-five (65) years, passed away on June 14, 2022.


View Announcement ›

STARR GERN DAVISON & RUBIN

06/20/2022
NJLJ Web

Starr Gern Davison & Rubin, PC. Attorneys at Law are pleased to announce that SHELLEY L. STANGLER, ESQ. has joined the firm as of Counsel.


View Announcement ›