Lugo-Lugo v. State

OPINION ON STATE’S MOTION FOR REHEARING

CAMPBELL, Judge.

Appellant was indicated for murder under V.T.C.A. Penal Code, Sec. 19.02(a)(2). Appellant waived his right to a jury trial, *74and was found guilty by the trial court. The trial court assessed punishment at life imprisonment.

On original submission, a panel of this Court reversed appellant’s conviction, vacated the judgment of the trial court, and ordered the prosecution dismissed. The Court now considers this cause, sitting en banc, and the panel opinion is withdrawn.

We note at the outset that the panel on original submission found that…