McGowen v. State

OPINION ON REHEARING EN BANC

JOE L. DRAUGHN, Justice (Assigned).

We withdraw the opinion of the panel delivered on February 3, 2000, and substitute the following en banc opinion without hearing argument.

The Court of Criminal Appeals vacated our previous judgment in this case and remanded the matter to this Court. See McGowen v. State, 991 S.W.2d 803 (Tex.Crim.App.1998). We previously held in this case that the trial court’s ruling that prevented the appellant from making an opening statement was reversible error, not subject to a harmless error analysis. See McGowen v. State, 944 S.W.2d 481…