OPINION DISSENTING TO THE OVERRULING OF THE STATE’S MOTION . FOR REHEARING WITHOUT WRITTEN OPINION
DALLY, Judge.Again, the Court extends the holding of Ex parte Menefee, 561 S.W.2d 822 (Tex.Cr.*850App.1977). See Ex parte Solete, 603 S.W.2d 853 (Tex.Cr.App.1980; Opinion dissenting to the overruling of the Motion for Rehearing without written opinion filed this day) and LeBlanc v. Gist, Judge, Criminal District Court, Jefferson County et al, 603 S.W.2d 841 (Tex.Cr.App.1979; Opinion dissenting to the overruling of the Motion for Rehearing without written opinion filed this day).
The State’s Motion for Rehearing filed by the Hon. Alfred Walker, Assistant State’s Attorney, expresses the matter well stating why Menefee should not be extended to those cases in which the same judge presides over the juvenile court and the district court. The State’s Motion (without quotation marks) reads: