Deramee v. State
| Decision Date | 03 June 1964 |
| Docket Number | No. 36400,36400 |
| Citation | 379 S.W.2d 908 |
| Parties | Lee Andre DERAMEE, Appellant, v. The STATE of Texas, Appellee. |
| Court | Texas Court of Criminal Appeals |
Robert B. Hershey, Dallas, for appellant.
Henry Wade, Dist. Atty., A. D. Jim Bowie, Asst. Dist. Atty., Dallas, and Leon B. Douglas, State's Atty., Austin, for the State.
The offense is driving while license is suspended; the punishment, a fine of $150.00.
On a prior day in this term we affirmed appellant's conviction. Deramee v. State, Tex.Cr.App., 372 S.W.2d 701. Since the rendition of such opinion and at the same term, we realized that we were in error in such affirmance and overruled the case against appellant. Adams v. State, Tex.Cr.App., 376 S.W.2d 832. Appellant now moves this Court to vacate our original judgment of conviction, recall our mandate and order the return of the fine which he has paid under our former judgment of affirmance. Being a judgment at the present term, we have authority to do so and justice requires that we do no less.
Appellant's motion for rehearing and to withdraw mandate is granted; the order affirming the conviction is set aside, and the judgment is now reversed and the prosecution under the present complaint and information is ordered dismissed.
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Hartfield v. Quarterman
...Court of Criminal Appeals has authority to withdraw its mandate at any time during the same term it was issued); Deramee v. State, 379 S.W.2d 908, 909 (Tex.Crim.App.1964) (withdrawing mandate upon appellant's motion). No explanation or excuse has been offered by the State for these procedur......
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French v. State, 52006
...be upheld as the act of a de facto magistrate. The mandate of the earlier opinion was withdrawn under the authority of Deramee v. State, Tex.Cr.App., 379 S.W.2d 908, and the State's motion for leave to file a motion for rehearing was granted so that we could consider the State's contention ......
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Ex parte Girnus
...result in making a mockery of this Court's final decisions, which have passed "from the field of strife forever." See Deramee v. State, 379 S.W.2d 908 (Tex.Cr.App.1964); Ex parte Mixon, Because I believe that both of the Constitutions under which we live bar applicant's second assessment of......
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Williams v. State
...that it is not too late for this court to withdraw its mandate and correct the error of its ways. It is true that in Deramee v. State, 379 S.W.2d 908 (Tex.Cr.App.1964), this court withdrew its mandate where the motion to withdraw was filed within the same term of this court as the issuance ......