Garner v. State

OPINION ON STATE’S MOTION FOR REHEARING

ODOM, Judge.

The State insists, in its motion for rehearing, that we are not following precedent. According to its position, the requirement of Section 4 of Art. 3731a, Y.A.T.S., concerning certification of the attesting officer as the legal custodian of the official writing, was made inapplicable to enhancement cases by virtue of our decision in Lopez v. State, 171 Tex.Cr.R. 672, 352 S.W.2d 747.

The opinion in Lopez v. State, supra, provides:

“Appellant objected to the introduction of copies of the final judgment, sentence and commitment certified as being…