Coleman v. State

ON MOTION FOR REHEARING

ALLEN, Justice.

On original submission this case was affirmed based in part on what this court believed to be the ruling of the Court of Criminal Appeals in Thomas v. State, 621 S.W.2d 158 (Tex.Cr.App.1981) (on State’s Motion for Rehearing). Appellant in his motion for rehearing has called our attention to an even more recent en banc decision by the Court of Criminal Appeals, not cited on original submission, which further enlightens this court and requires that we grant appellant’s motion for rehearing, withdraw our original opinion, reverse the cause and order the…