Stone v. State

OPINION ON REHEARING

SAM BASS, Justice.

We withdraw our opinion of February 25, 1988, and replace it with this opinion. In so doing, we overrule the State’s motion for rehearing; however, we take the State’s motion as an opportunity to supplement the reasoning of our earlier opinion.

Appellant pleaded not guilty to a charge of murder but was found guilty by the jury. The trial court assessed punishment at 10 years confinement. We reverse and remand.

Appellant does not contest the sufficiency of the evidence.

In his first point of error, appellant argues that he was denied effective assistance of…