Rodriguez v. State

ON MOTION FOR REHEARING

ONION, Justice (Retired).

Our opinion on original submission is hereby withdrawn and the following is substituted in lieu thereof. 1

Appellant Hector Rodriguez was indicted for the offense of indecency with a child by exposure, a third degree felony. Tex. Penal Code Ann. § 21.11(a)(2) (West 1994). 2 Rejecting appellant’s plea of not guilty, the jury found appellant guilty. At the penalty stage of the trial, the trial court deferred the adjudication of guilt and placed appellant on “community supervision” for five years subject to certain conditions.

Appellant advances two…