Fisher v. State

RULE 101 OPINION ON RECONSIDERATION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

CARR, Justice.

Appellant has filed a petition for discretionary review. Pursuant to TEX. R.APP.P. 101, we address appellant’s contentions. Appellant argues that former article 1204 was never expressly repealed and the act creating the 1974 Penal Code had a general repealing section. Appellant maintains that article 1204 is not in conflict with any provision of the 1974 Penal Code and it has not been repealed by implication.

There are two kinds of repeals: express and limited. Garrett v. State, 279 S.W.2d 366,…