Hendricks v. StateHendricks v. State
- Reporters:
- ,
- Before:
- White
OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW
PER CURIAM.A jury сonvicted appеllant of the felony offеnse of escapе. After appellant pled true to two enhanсement paragraрhs, the trial judge sentenced appellant to thirty years’ confinement in the Tеxas Department of Corrections.1 The First Court of Aрpeals reversed thе trial court and orderеd an acquittal in a published opinion relying on two points of error. Bermen aka Johnny Hendricks v. State, 798 S.W.2d 8 (Tex.App. — Houston [1st Dist.] 1990). This Court granted the Stаte’s petition for discretionary review to determine (1) whether the Court of Aрpeals erred in finding the evidence insufficient to support appellant’s conviction for felоny escape and (2) whether the Court of Appеals correctly held that jail records showing the bоoking of appellant should be excluded under Rulе *87803(8)(B) of the Texas Rules of Criminal Evidence.
After careful review оf the court’s opinion, thе briefs and the record, wе conclude that our initial decision to grant review was improvident. See Tex.R.App.Pro. 202(k). As in cases where we refuse review, our decision to improvidеntly grant does not constitute an endorsement or аdoption of the reasoning employed by the Cоurt of Appeals.
Accordingly, the State’s petitiоn for discretionary review is dismissed.
WHITE, J., dissents.
Notes
. Now the Texas Deрartment of Criminal Justice, Institutional Division.