Wirth v. State

342 S.W.3d 161 (2011)

Raymond Waier WIRTH, Appellant,

v.

The STATE of Texas, Appellee.

No. 06-08-00220-CR.

Court of Appeals of Texas, Texarkana.

Submitted April 20, 2011.

Decided April 21, 2011.

Opinion on Rehearing Overruled June 3, 2011.

Jason Butscher, Butscher and Dunn, for appellant.

Richard Glaser, Fannin County Dist. Atty., John B. Setterberg, Asst. Dist. Atty., Bonham, for appellee.

Before MORRISS, C.J., CARTER and MOSELEY, JJ.

OPINION ON REMAND

Opinion on Remand by Justice MOSELEY.

On January 31, 1996, the Texas Court of Criminal Appeals issued its ruling in Clewis v. State, 922 S.W.2d 126…