State v. Dickerson

I withdraw my initial opinion of August 12, 1993, and substitute this one in its stead *765solely to reflect that I would grant the State’s motion for rehearing.

I respectfully dissent regarding the disposition of point of error one.

At the hearing on appellee’s “motion for new trial,” uncontradicted evidence demonstrated that less than a minute had elapsed between the time that the court first sentenced appellee and the time that the prosecutor brought the court’s error to its attention. Uncontradicted evidence also showed that, at the time the court called appellee back to resentence him,…