Gonzales v. State

OPINION ON APPELLANT’S SECOND MOTION FOR REHEARING

ONION, Judge.

Our opinion on original submission is withdrawn. We adopt and reaffirm, however, the disposition in the original opinion of the first two grounds of error.

The adopted part of the original opinion by Presiding Judge Woodley reads as follows :

“The appeal is from a conviction on a plea of guilty before the court of the offense of using profane language over the telephone, (Art. 476 V.A.P.C.) with punishment assessed at three months in jail and a fine of $500.00.

“A prior appeal from such conviction, in our Cause No. 41,815, was…