dissenting.
I dissent to the majority’s decision to overrule petitioner’s motion for leave to file motion for rehearing without written opinion. The case presents a serious question of constitutional magnitude regarding criminal law matters in this State, and the recently expanded mandamus jurisdiction of this Court should be exercised to resolve the matter. Art. 5, Sec. 5, Texas Constitution. I dissent for the reasons more fully set forth in my opinion in State v. Henson, 573 S.W.2d 548 (No. 60,141, this day decided, Roberts, J.).
ONION, P. J., joins this dissent.