Rubio v. State

CORRECTED OPINION

MEYERS, Justice.

Pursuant to our plenary power, on the Court’s own motion we withdraw our prior opinion dated September 23, 1992. See Mapco, Inc. v. Forrest, 795 S.W.2d 700, 702 (Tex.1990); Tex. Gov’t Code Ann. § 22.218 (Vernon 1988). This opinion is substituted merely to clarify footnote one and is in all other matters identical to our opinion of September 28, 1992.

Appellant, Rolando Rubio, was charged with official oppression to which he pled guilty pursuant to a plea bargain. On April 15, 1991, he received deferred adjudication probation for one year. Appellant filed a…