dissenting.
Because neither the State’s petition for discretionary review nor the State’s motion for rehearing should have been granted by this Court, the proposed majority opinion correctly states that the prior majority opinion of this Court should be withdrawn. However, except for its statement that the prior majority opinion of this Court should be withdrawn, it, too, should be withdrawn because the Beaumont Court of Appeals, in a well reasoned unanimous opinion by its Chief Justice, Hon. Martin Dies, Jr., stated and held all that was necessary in sustaining the appellant’s first ground of error, viz: “The trial court erred in failing to, sua sponte, withdraw Appellant’s plea of guilty before the jury upon his testimony reasonably raising a fact issue as to his innocence.” Griffin v. State, 692 S.W.2d 726 (Tex.App.—Beaumont 1984). To the refusal of the majority of this Court to adopt and approve all of what the court of appeals stated and held in disposing of the appellant’s first ground of error, I respectfully dissent.
I adopt and approve all of the opinion by the court of appeals.