John Paul McIntosh v. State

Opinion issued October 1, 2009

In The

Court of Appeals

For The

First District of Texas

NO. 01-08-00582-CR

____________

JOHN PAUL MCINTOSH, Appellant

V

THE STATE OF TEXAS, Appellee

On Appeal from the 434th District Court

Fort Bend County, Texas

Trial Court Cause No. 46,344

O P I N I O N

Under Texas Rule of Appellate Procedure 50, we withdraw our July 23, 2009 opinion, substitute this opinion in its place, and vacate our July 23, 2009 judgment. (1) A jury found appellant, John Paul McIntosh, guilty of the offense of burglary of a habitation, (2) and the trial court, after finding true the allegation in one…