Johnson v. State

OPINION ON MOTION FOR REHEARING

JOE SPURLOCK, II, Justice.

This court issued its original opinion in this case on July 11, 1985, 693 S.W.2d 779. Following that date, both the State and the appellant, Archie Johnson, filed a motion for rehearing. Both motions are denied. However, upon reconsidering Johnson’s grounds of error three and four, we withdraw our original opinion and substitute this therefor.

Johnson was charged by indictment with the offenses of receiving stolen property and unauthorized use of a motor vehicle. The indictment contained one enhancement paragraph. On his plea of not…