Allen v. State

202 S.W.3d 364 (2006)

DWAYNE MESIAH ALLEN, Appellant,

v.

THE STATE OF TEXAS State.

No. 2-04-358-CR.

Court of Appeals of Texas, Second District, Fort Worth.

Delivered: August 17, 2006

Panel A: LIVINGSTON, HOLMAN, and GARDNER, JJ., LIVINGSTON, J. filed a concurring opinion.

OPINION ON MOTION FOR REHEARING

ANNE GARDNER, Justice.

We deny Appellant's motion for rehearing. We withdraw our opinion and judgment of June 15, 2006, and substitute the following.

Introduction

Appellant Dwayne Mesiah Allen appeals from his conviction for murder. In two points, Appellant argues that the trial court erred by allowing…