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Click here for the full text of this decision FACTS:A jury convicted appellant of possession of cocaine and assessed punishment at confinement for thirty-five years. The court of appeals affirmed the conviction on Sept. 23, 2004. On July 28, 2005, the court granted appellant’s motion for rehearing, withdrew its first opinion, and issued a second opinion, again affirming the conviction. On Aug. 5, 2005, appellant timely filed his petition for discretionary review in the court of appeals. On Aug. 25, 2005, the court of appeals withdrew its opinion in accord with Texas Rule of Appellate Procedure 50, but failed to issue another opinion in its place within 30 days of the filing of appellant’s petition. On Dec. 8, 2005, the court of appeals issued another opinion, again affirming the conviction. HOLDING:The court of appeals’ opinion issued on Dec. 8, 2005, is ordered withdrawn, and the judgment and opinion of the court of appeals that issued on July 28, 2005, are reinstated. Appellant’s original petition for discretionary review, filed in the Court of Appeals on Aug. 5, 2005, is granted. Appellant’s second petition for discretionary review, filed in the court of appeals Jan. 4, 2006, is refused. The court of appeals’ opinion issued on Dec. 8, 2005, was untimely under rule 50 because it was issued more than 30 days after appellant’s petition for discretionary review had been filed. The court had no jurisdiction to issue that opinion, the court concludes. OPINION:Per curiam.

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