State v. Rosenbaum

DISSENTING OPINION ON STATE’S MOTION FOB REHEARING ON STATE’S PETITION FOR DISCRETIONARY REVIEW

On November 30,1994, we delivered a well reasoned opinion in this case in response to the State’s petition for discretionary review. At that time, four members of this Court dissented. On January 1, 1995, two judges left the Court and were replaced, by two newly elected judges. On March 29, 1995, the Court, with the newly elected judges participating, granted the State’s motion for rehearing. Today, the majority adopts the dissenting opinion and reverses our opinion on original submission.

I

The State…