Bruce Egrim Joseph v. State

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