With no explanation, chose the best option from "A", "B", "C" or "D". decision of a court of equal jurisdiction) in view of a subsequent statutory amendment. See Ex parte Sumner, 143 Tex.Crim. 238, 158 S.W.2d 310, 312 (1942) ("The Wulzen case, supra, relied upon by appellant ... was written in 1916, before the passage, in 1920, of Section 1546, supra. The provisions of said section are'controlling here. The holding in the Wulzen case being at variance therewith, of necessity yields thereto.”). Yet, even a lower court has die authority to consider the continued applicability of a prior decision by a higher court when a statutory amendment supersedes the prior decision. See Sarmiento v. State, 93 S.W.3d 566, 568: (Tex. App.-Houston [14th Dist.] 2002, pet. ref’d) (citing. Gonzales v. State, 697 S.W.2d 35, 38 (Tex. App.-Houston [14th Dist.] 1985, pet. ref’d) (<HOLDING>)); Coy v. State, 831 S.W.2d 552, 556 n,4 (Tex.

A: holding that this court will consider a petition for a writ of certiorari only after the court of appeals has overruled the application for rehearing on the point challenged in the petition implying that the decision by the court of criminal appeals must be final before certiorari review would be available
B: holding that where the relevant court of last resort has undercut the theory or reasoning underlying the prior circuit precedent in such a way that the cases are clearly irreconcilable then a threejudge panel of this court and district courts should consider themselves bound by the intervening higher authority and reject the prior opinion of this court as having been effectively overruled
C: holding an administrative interpretation cannot change the meaning of a statute or control the courts interpretation of it
D: holding that because the legislatures postdecision amendments to article 4212 of the texas code of criminal procedure overruled the court of criminal appeals interpretation of thq former version of that statute it was no longer bound by the higher courts preamendment opinion
D.