Legal Opinion

Fugate v. State

Court of Appeals of Texas

Decided July 27, 2006No. 2-04-548-CRPublishedCited by 12 opinions

1Opinion of the Court

OPINION ON REHEARING

TERRIE LIVINGSTON, Justice.

After reconsidering our prior opinion on appellant Randy Lee Fugate’s motion for rehearing, we deny the motion, but we withdraw our March 9, 2006 opinion and judgment and substitute the following in their place in order to clarify parts of our original opinion as guided by the recent court of criminal appeals opinion in Villes-cas v. State, 189 S.W.3d 290 (Tex.Crim. App.2006).

Appellant Randy Lee Fugate was charged with possession of one gram or more but less than four grams of a controlled substance, a third-degree felony. See Tex. Health &…

2Cases cited5 opinions

  1. Oyler v. BolesSupreme Court of the United States · 1962
  2. Villescas v. StateCourt of Criminal Appeals of Texas · 2006
  3. Sears v. State, Texas Court of Appeals, 9th District (Beaumont)2002
  4. Fairrow v. State, Texas Court of Appeals, 5th District (Dallas)2003
  5. Hackett v. State, Texas Court of Appeals, 10th District (Waco)2005

3Cited by12 opinions

  1. Pelache v. State, Texas Court of Appeals, 13th District2009
  2. Artee Harris III v. State, Texas Court of Appeals, 10th District (Waco)1995
  3. Datillo Daniels v. State, Texas Court of Appeals, 6th District (Texarkana)2007
  4. David Winstead v. State, Texas Court of Appeals, 13th District2014
  5. Eric Simon Pelache v. State, Texas Court of Appeals, 13th District2009

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