It has happened several times. E.g. in Flores, No. 05-06-1297-CR and Lewis, No. 05-07-0648-CR it appears the Fifth Court forgot to designate its opinion by the "memorandum" label. Neither of those opinions seems to do any of the things referred to in Rule 47.4. What's up? Without that label, then it is certainly harder to support the "do not publish" notation.

[This message was edited by Martin Peterson on 06-14-08 at .]