Brown v. State

ON REHEARING ON REMAND

This Court’s opinion dated January 18, 1989, is withdrawn and the following is filed in its place.

On original submission, this Court affirmed appellant’s conviction for injury to a child, for which the jury assessed punishment at imprisonment for sixty-five years. Brown v. State, 725 S.W.2d 801 (Tex.App. 1987). The Court of Criminal Appeals granted appellant’s petition for discretionary review, vacated this Court’s judgment, and remanded the cause for reconsideration in light of the decision in Rose v. State, 752 S.W.2d 529, 552 (Tex.Cr.App.1988) (opinion on rehearing).…