CONCURRING OPINION
TOM GRAY, Chief Justice.
Bannister asked this Court to compel the trial court to rule on a motion filed over one year ago. We requested a response. See TEX.R.APP. P. 52.4. The State's response is that the subject of the motion, whether Bannister's criminal judgment improperly contains a deadly weapon finding, has already been litigated and Bannister lost. The State then provides an excellent summary of the history of the...
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