¶1(dissenting).
¶2Petitioner has no appeal pending in this court. It was decided and mandate issued at a term of this court which adjourned more than two years ago.
¶3If the Court of Criminal Appeals has authority to enter an order such as that provided for in the majority opinion and again decide whether the judgment of conviction should be affirmed or reversed, then the issuance of mandate and the adjournment of the term does not give finality to the disposition of appeals.
¶4I respectfully dissent.