(dissenting).
I dissent from the decision by the Court to deny petitioner leave to file his motion *483for rehearing. I adhere firmly to the belief that a violation by the trial court of the mandate of Article 26.13, Vernon’s Ann.C.C.P., is still fundamental error. This case should not be used as a vehicle for abrogating the mandatory duties imposed upon the trial court by Article 26.13. See my dissenting opinions in Tellez v. State, 522 S.W.2d 500 (Tex.Cr.App., delivered April 30, 1975); Williams v. State, 522 S.W.2d 488 (Tex.Cr.App., delivered April 30, 1975); and Guster v. State, 522 S.W.2d 494 (Tex.Cr.App., delivered April 30, 1975).