Ivey v. State

250 S.W.3d 121 (2007)

Mark William IVEY, Appellant,

v.

The STATE of Texas, Appellee.

No. 03-06-00683-CR.

Court of Appeals of Texas, Austin.

October 19, 2007.

Rehearing Overruled April 8, 2008.

Adam Reposa, Austin, for appellant.

David A. Escamilla, County Atty., Austin, for appellee.

Before Justices PATTERSON, PEMBERTON and WALDROP.

OPINION

G. ALAN WALDROP, Justice.

We withdraw the unanimous opinion and judgment issued August 30, 2007, and substitute the following opinion, dissenting opinion, and judgment in its place.

Appellant Mark William Ivey appeals the trial court's decision to place him on two…