Dinnery v. State

Remaining convinced of the soundness of my treatment of this cause on original submission, I take this opportunity only to identify some of the more presumptuous assertions expressed by the majority on rehearing, as well as to re-emphasize crucial portions of the instant proceeding which, through disregard, the majority has apparently deemed inconsequential.

The sole ground of error raised herein is recited verbatim in the opinion on original submission. While a bare assertion that “under the doctrine announced in Whitlow v. State, 567 S.W.2d 522 (Tex.Cr.App.1978), this conviction cannot…