Bates v. State

OPINION ON APPELLANT’S MOTION FOR REHEARING

DALLY, Judge.

We have granted the appellant’s motion for leave to file his motion for rehearing to reconsider his first ground of error which reads:

“THE LEARNED TRIAL COURT COMMITTED REVERSIBLE ERROR BY REFUSING TO ALLOW THE WITNESS, JOHN TANNER, AN UNDER*141COVER DEPUTY SHERIFF WITH THE HARRIS COUNTY, TEXAS SHERIFF’S OFFICE, TO TESTIFY AS A REBUTTAL WITNESS TO REBUT CERTAIN TESTIMONY GIVEN BY THE STATE’S WITNESS, NUKIE FONTEN-OT, DURING THE STATE’S CASE IN CHIEF, FOR THE REASONS HEREINAFTER SET FORTH IN THIS BRIEF.”

After reconsidering this ground of…