Wheaton v. State

OPINION

Opinion by

Justice RODRIGUEZ.

A panel of this Court issued a memorandum opinion and a concurring memorandum opinion on January 22, 2004. Without filing a motion for rehearing, appellant, Peter Hansen Wheaton, filed a petition for discretionary review arguing that the Ma-lik standard should have been applied in this case. See Malik v. State, 953 S.W.2d 234, 240 (Tex.Crim.App.1997). On February 17, 2004, the Court, sitting en banc, issued an order sua sponte withdrawing the panel’s memorandum opinion and concurrence. See Tex.R.App. P. 50. We now substitute the following as the opinion of…