Bruce Egrim Joseph v. State ( 2014 )

COURT OF APPEALS FOR THE
FIRST DISTRICT OF TEXAS AT HOUSTON
ORDER ON MOTION FOR REHEARING
Appellate case name: Bruce Egrim Joseph v. The State of Texas
Appellate case number: 01-14-00737-CR
Trial court case number: 05-DCR-043408A
Trial court: 268th District Court of Fort Bend County
On November 13, 2014, this Court denied appellant’s motion for rehearing without
modifying or vacating our judgment or issuing a different opinion. On November 26, 2014,
appellant filed “Appellant’s Further Motion for Rehearing.” The appellate rules authorize a
second or subsequent motion for rehearing only if the court of appeals alters its judgment or
opinion in conjunction with the overruling of a previous motion. See TEX. R. APP. P. 49.5.
Because our denial of appellant’s original motion for rehearing did not alter our judgment or
opinion, appellant’s further motion for rehearing is not authorized by the appellate rules. See
TEX. R. APP. P. 49.5; Rodriguez v. State, 28 S.W.3d 25, 26 (Tex. App.—Houston [1st Dist.]
2002, no pet.) (“Even if appellant’s further motion for rehearing were timely, rule 49.5 does not
apply because we did not modify the judgment, vacate the judgment, or issue a new opinion in
overruling the motion.”). Accordingly, it is ordered that appellant’s further motion for rehearing
is denied.
Judge’s signature: /s/ Jane Bland
Acting for the Court
Panel consists of Justices Higley, Bland, and Sharp.
Date: December 18, 2014