Englund v. State

EN BANC OPINION ON MOTION FOR REHEARING

MIRABAL, Justice.

We grant the State’s motion for rehearing en banc, withdraw our opinion of April 20, 1995, and substitute this opinion in its stead. This is a case of first impression in which the sole issue is whether a facsimile transmission (fax) of a certified copy of a judgment is admissible in evidence. We hold that such a fax is admissible under the circumstances of this case. We affirm.

Appellant, Eric Ovio Englund, appeals from the revocation of his probation. On *938February 22, 1993, appellant pled guilty to driving while intoxicated. The trial…