ORLANDO SALINAS v. THE STATE OF TEXAS (2017)

I have already noted my disagreement with this Court's opinion on original submission.¹ Both parties–each relying in part upon arguments in Judge Yeary's dissent as well as my own–ask this Court to grant rehearing in this case. When both sides want to undo the original opinion, perhaps that says something.

Nevertheless, I join the Court's decision to deny rehearing. Despite my misgivings about the Court's holding and its analysis, neither party in this case has pointed to any arguments that were not considered by the Court or new law that could not have been considered on original submission. This should be the guiding principle for granting rehearing. And that is why I vote to deny.

With these thoughts I concur.

FOOTNOTES

1.   Salinasv.State,___S.W.3d___,2017WL915525, at*10(Tex.Crim.App.Mar.8,2017)(Newell,J.,dissenting).

NEWELL, J. filed a concurring opinion.