Herndon v. State

OPINION ON APPELLANT’S MOTION FOR REHEARING

We granted appellant’s petition for discretionary review of a decision rendered by the Houston Court of Appeals in Herndon v. State, 627 S.W.2d 502 (Tex.App.—Houston [1st] 1981), and upon original submission handed down an opinion in the cause. However, because we have since determined that our opinion was based on an incomplete record in this Court, the original opinion is withdrawn. The record has now been supplemented, and though we take a somewhat different tack in light of it, we will nevertheless overrule appellant’s motion for rehearing and…