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Click here for the full text of this decision FACTS:A jury convicted the appellant of aggravated assault and assessed punishment at confinement for seven years. The court of appeals affirmed the conviction on June 23, 2004. On July 20, 2004, the appellant timely filed his petition for discretionary review in the court of appeals. On Aug. 18, 2004, the court of appeals withdrew its opinion, but failed to issue another opinion in its place. On Sept. 8, 2004, the court of appeals issued another opinion, again affirming the conviction. The dissent noted that the court of appeals did not have jurisdiction to issue the second opinion because it was not timely under Texas Rule of Appellate Procedure 50. HOLDING:The court of appeals’ opinion issued on Sept. 8, 2004, is ordered withdrawn, and the original judgment and opinion of the court of appeals that issued on June 23, 2004, are reinstated. Appellant’s original petition for discretionary review is granted. The court of appeals’ opinion issued on Sept. 8, 2004, was untimely under Rule 50, because it was issued more than 30 days after the appellant’s petition for discretionary review had been filed. See Ex parte Brashear, 985 S.W.2d 460 (Tex.Crim.App. 1998); Garza v. State, 896 S.W.2d 192 (Tex.Cr.App. 1995). Accordingly, the court had no jurisdiction to issue that opinion. OPINION:Per curiam.

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