Rangel v. State

OPINION ON THE STATE’S SECOND PETITION FOR DISCRETIONARY REVIEW

TERRIE LIVINGSTON, Justice.

Pursuant to rule of appellate procedure 50, we have reconsidered our previous opinion on the State’s petition for discretionary review. See Tex.R.App. P. 50. We withdraw our judgment and opinion dated June 5, 2006, and substitute the following in order to address and apply the recent Supreme Court case of Davis v. Washington, — U.S. -, 126 S.Ct. 2266, 165 L.Ed.2d 224 (2006).

I. Introduction

Appellant Rodolfo Rangel appeals from his convictions of aggravated sexual assault of a child, indecency with a…