Martinez v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

DAY, Justice.

In accordance with Rule 101 of the Texas Rules of Appellate Procedure, a majority of the justices who participated in the original opinion in this case hereby withdraw our opinion and judgment of August 3, 1995, reconsider and modify same, and substitute the following:

Abraham Corpus Martinez appeals his conviction for auto theft. Martinez pled nolo contendere in accordance with a plea bargain agreement, and the trial court placed Martinez on deferred adjudication probation for two years. Martinez failed to meet the…