IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. PD-0705-15
SAMMY VIDALES, Appellant
v.
THE STATE OF TEXAS
ON STATE’S PETITION FOR DISCRETIONARY REVIEW
FROM THE SEVENTH COURT OF APPEALS
LUBBOCK COUNTY
P ER CURIAM
ORDER
Appellant was convicted of evading arrest or detention with a vehicle and sentenced
to confinement for sixty-two years. The Court of Appeals affirmed in part and reversed and
remanded in part. Vidales v. State, ___S.W.3d___ (Tex. App. - Amarillo No. 07-13-00286-
CR, delivered May 15, 2015). The State filed a petition for discretionary review on June 12,
2015.
Vidales - 2
On July 7, 2015, the Court of Appeals withdrew its opinion and issued another
opinion in its place. Vidales v. State, ___S.W.3d___ (Tex. App. - Amarillo No. 07-13-
00286-CR, delivered July 7, 2015). This second opinion is not permitted since Rule 50 of
the Texas Rules of Appellate Procedure has been abolished. Ex parte Shaw, 395 S.W.3d 819
(Tex. Crim. App. 2013). Rule 19.1(a) of the Texas Rules of Appellate Procedure provides
that the Court of Appeals retains plenary jurisdiction. The Court of Appeals' plenary
jurisdiction continues after a petition for review is filed in the Supreme Court, but there is
no corresponding rule for continuing jurisdiction after the filing of a petition for review in
this Court. T EX. R. A PP. P ROC. 19.2. When a petition for discretionary review is filed with
this Court, the appellate court loses authority to issue an opinion. Shaw at 819, Garza v.
State, 896 S.W.2d 192, 195 (Tex. Crim. App. 1995).
The Court of Appeals’ opinion issued on July 7, 2015, after the State had filed its
petition for discretionary review. That opinion is not authorized by the Rules of Appellate
Procedure and the court did not have jurisdiction to issue that opinion. See id. Therefore,
the Court of Appeals’ opinion issued on July 7, 2015, is ordered withdrawn, and the original
judgment and opinion of the Court of Appeals that issued on May 15, 2015, is reinstated.
Additionally, we refuse the State’s petition for discretionary review filed June 12,
2015, and we refuse Appellant’s petition for discretionary review filed August 17, 2015.
Delivered October 7, 2015
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