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NUMBER 13-05-007-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
ARON GARZA VEGA, Appellant,
v.
THE STATE OF TEXAS, Appellee.
On appeal from the 92nd District Court
of Hidalgo County, Texas.
DISSENTING OPINION ON DESIGNATION
Before Justices Hinojosa, Yañez, and Castillo
Opinion by Justice Castillo
Respectfully, I believe the opinion and the dissent meet the requirements to be designated a published opinion under the criteria of rule 47.4. See Tex. R. App. P. 47.4. Rule 47.4 states, in pertinent part:
An opinion must be designated a memorandum opinion unless it does any of the folllowing:
(a) establishes a new rule of law, alters or modifies an existing rule, or applies an existing rule to a novel fact situation likely to recur in future cases;
(b) involves issues of constitutional law or other legal issues important to the jurisprudence of Texas;
(c) criticizes existing law; or
(d) resolves an apparent conflict of authority.
Tex. R. App. P. 47.4. (Emphasis added). The majority opinion and the dissent do not meet any of the criteria with respect to designation and, thus, designation as an "opinion" is the exception and not the rule. See id. Because I would designate the opinion as a memorandum opinion, I respectfully disagree with the panel majority with respect to designation. Id. Even so, I am pleased that the parties receive their answer today, under either designation.
ERRLINDA CASTILLO
Justice
Publish.[1]
Tex. R. App. P. 47.2(b)
Dissenting Opinion delivered and filed
this 27th day of July, 2006.
[1] The designation of this opinion is also mandated by the majority's decision on designation.