NUMBER 13-01-619-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

RAFAEL ELIZONDO,                                                                   Appellant,

v.

THE STATE OF TEXAS,                                                                Appellee.

On appeal from the 103rd District Court

of Willacy County, Texas.

DISSENT ON DESIGNATION

Before Justices Yanez, Castillo and Garza

Dissent by Justice Castillo

          Respectfully, I disagree that the opinion is a "memorandum opinion." See Tex. R. App. P. 47.2(a), 47.4, 47.5. Indeed, we are bound by the applicable rules and a majority vote can order the designation as has occurred here. However, the anomaly is that the majority on designation converts a proposed opinion to a memorandum opinion and then proceeds to analyze it, in large part, under memorandum opinion standards. See Tex. R. App. P. 47.4. Even so, I am pleased that the parties receive their answer today, under either designation.

                                                                                      ERRLINDA CASTILLO

                                                                                      Justice

Do not publish.

Tex. R. App. P. 47.2(b).

Dissent on Designation delivered

and filed this 12th day of May, 2005.