Fain v. State

BEA ANN SMITH, Justice.

After granting the State’s motion for rehearing en banc, we withdraw the panel opinion and judgment issued March 12, 1998 and substitute this one in its place. This is an appeal from a conviction of murder. See Tex. Penal Code Ann. § 19.02(b)(1), (2) (West 1994).1 After the jury returned a verdict of guilty, appellant Roger Eugene Fain pleaded true to the enhancement of punishment allegations as to prior convictions, and the trial judge assessed punishment at life imprisonment. On original submission, the panel voted to reverse appellant’s conviction on an unassigned…