Rendon v. State

OPINION ON MOTION FOR REHEARING

KENNEDY, Justice.

On rehearing, we reconsider our original holding herein and adopt the reasoning of the Houston (1st District) Court of Appeals expressed in Emerson v. State, 662 S.W.2d 92 (Tex.App.—Houston [1st Dist.] 1983, pet. granted) on the question of jurisdiction of the trial court. There it was held that the offense titled “official oppression” was within the ambit of the phrase “official misconduct” as that term is used in our State Constitution and, therefore, that jurisdiction of such an offense, though punished as a misdemeanor, is in the District Court.

Accordingly, we grant appellant’s motion for rehearing and sustain his first ground of error. All remaining grounds of error are overruled for the reasons set out in our original opinion. The judgment of the trial court is REVERSED and the prosecution is ordered DISMISSED.