Briones v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

DIXON W. HOLMAN, Justice.

Pursuant to Texas Rule of Appellate Procedure 50, we have reconsidered our prior opinion upon Appellant’s petition for discretionary review. Our opinion and judgment of October 14, 1999 are withdrawn and the following are substituted.

BACKGROUND

L.C. was the five-year-old daughter of Jennifer Lopez and Roy Cardenas. Lopez and Cardenas were separated. Although L.C. lived with Lopez, L.C. visited Cardenas on alternating weekends and stayed at his one-bedroom apartment where he and Appellant lived.

Appellant and L.C.…