Charles Frankie Nieto v. State

Opinion issued February 7, 2013. In The Court of Appeals For The First District of Texas ——————————— NO. 01-09-00226-CR ——————————— CHARLES FRANKIE NIETO, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 114th District Court Smith County, Texas Trial Court Case No. 4-95-95 MEMORANDUM OPINION ON REHEARING Appellant Charles Frankie Nieto has filed a motion for rehearing of our opinion issued on October 18, 2012. The State did not file a response to this motion. We grant rehearing, withdraw our opinion of October 18, 2012, issue this opinion in its place, and vacate our judgment of…