Rey v. State

Opinion on Motion for Reconsideration En Banc

BRIAN QUINN, Chief Justice.

A majority of the en banc court orders en banc reconsideration of the court’s prior opinion. See Tex.R.App. P. 49.7. Accordingly, we withdraw the panel’s opinion and judgment and substitute the following.

Daniel Rey appeals his conviction for abandoning or endangering a child, contending that the evidence is legally and factually insufficient to support it. We reverse the judgment.

Background

Appellant was married to Michelle Morales with whom he fathered a one-year-old daughter. Morales also had a three-year-old son from a…