Polasek v. State

EN BANC OPINION ON MOTION FOR REHEARING

TIM TAFT, Justice.

On December 2, 1999, a majority of this Court sitting en banc affirmed appellant’s conviction for criminal trespass. Although we deny appellant’s motion for rehearing, we withdraw our original opinion and issue this one in its place.

A jury convicted appellant, David Brian Polasek, of criminal trespass. The trial court sentenced appellant, as a second offender, to 120 days in jail. We determine the validity of a change in the appellate rules, calling for the court reporter to record proceedings unless excused by agreement of the parties,…