In Faulder v. Hill, 612 S.W.2d 512 (Tex. Crim. App. 1980) the Court confronted the issue of whether a petition for writ of certiorari to the United States Supreme Court constituted an "appeal" for the purpose of the Texas Constitutional provision denying the State the right to appeal. The Court had reversed Faulder's conviction, and the State filed a motion to stay proceedings so that it might seek review by way of certiorari in the United States Supreme Court. Id. at 513. The defendant sought a writ of prohibition from this Court to prevent the State from seeking such review. The defendant contended that the State was barred by the Texas Constitution from filing a petition for writ of certiorari because such a petition would constitute an "appeal." While the case produced a fractured decision, with a plurality opinion and several concurring and dissenting opinions, all of the judges except Judge Dally agreed that a petition for writ of certiorari constituted an "appeal." Id. at 514 (plurality opinion)(State could nevertheless file the petition because the Texas Constitutional provision did not apply outside the state system).