dissenting.
The Court errs in overruling appellant’s motion to dismiss on its finding that on account of Tex.Cr.App. Rule 7 the State’s petition for discretionary review was timely filed.
In context with Tex.Cr.App. Rules 208(b) and 209(c), Rule 7 operated to extend the time for the State’s filing a motion for rehearing in this cause to Monday, December 5. A motion for rehearing was not filed, however.
Rule 7 was neither intended nor designed to extend the deadline for some subsequent action to be taken by either party by coupling the period artificially extended for one purpose with that specified for another purpose. In this instance, since a motion for rehearing was never filed the decision of the court of appeals became final for purposes of filing a petition for discretionary review December 3. That the date was a Saturday is of no moment.
I respectfully dissent.