Johnny Ray Waller v. State

02-09-373-CR Rehearing

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 02-09-00373-CR

Johnny Ray Waller

APPELLANT

V

The State of Texas

STATE

----------

FROM Criminal District Court No. 2 OF Tarrant COUNTY

----------

OPINION ON REHEARING

----------

On July 7, 2011, this court issued an opinion reversing the trial court’s judgment and remanding the case for a new trial. After due consideration, a majority of this court agrees to grant the State’s motion for rehearing to delete part IV of our prior memorandum opinion. The substance of the remainder of our prior opinion, authored by Justice Dauphinot,…