Roger Eugene Fain v. State

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

ON MOTION FOR REHEARING EN BANC

NO. 03-95-00427-CR

Roger Eugene Fain, Appellant

v.

The State of Texas, Appellee

FROM THE DISTRICT COURT OF WILLIAMSON COUNTY, 277TH JUDICIAL DISTRICT

NO. 95-112-K277, HONORABLE JOHN R. CARTER, JUDGE PRESIDING

DISSENTING OPINION

I respectfully dissent. As author of the original panel opinion for this Court, I firmly believe that the instant case was properly disposed of in that opinion on the basis of the unassigned error. The issue presented is whether the 277th Judicial District Court of Williamson County, with the…