Johnson v. State

OPINION ON APPELLANT’S MOTION FOR REHEARING

McCORMICK, Judge.

On original submission, a panel of this Court affirmed appellant’s conviction upon the basis of Haney v. State, 588 S.W.2d 913 (Tex.Cr.App.1979), and Ferguson v. State, 571 S.W.2d 908 (Tex.Cr.App.1978). Appellant’s motion for leave to file motion for rehearing was granted in order for the Court to determine whether appellant’s judicial confession waived his right to appeal the unfavorable ruling upon his written pretrial motions to suppress. See Article 44.02, V.A.C.C.P. In the interim, Haney and Ferguson have been overruled to the…