Ramirez v. State

OPINION

Opinion by

REBECCA SIMMONS, Justice.

On October 4, 2006, we issued an opinion and judgment affirming the decision of the trial court. Appellant, Anthony Ramirez, has filed a motion for rehearing. We deny appellant’s motion; however, we withdraw our opinion and judgment of October 4, 2006, and substitute this opinion and judgment in their stead.

In a two paragraph indictment, Appellant Anthony Ramirez was charged with the murder of Paul Guajardo under Sections 19.02(b)(1) and 19.02(b)(2) of the Texas Penal Code. Tex. Pen.Code Ann. §§ 19.02(b)(l)-(2) (Vernon 2003). The jury returned a…