French v. State

OPINION

ON STATE’S SECOND MOTION FOR REHEARING

W. C. DAVIS, Judge.

On original submission, the order of the trial court revoking appellant’s probation was set aside and the cause remanded. French v. State, 546 S.W.2d 612 (Tex.Cr.App.). The State’s First Motion for Rehearing was overruled by written opinion with Judge Douglas dissenting. The State has now filed a Second Motion for Rehearing which has been granted and we shall again consider the question presented.

The majority of this Court now holds that a temporary judge of a home rule city is at least a de facto judge since Article 1196(a)…