William Luther Witkovsky v. State

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-09-259-CR

WILLIAM LUTHER WITKOVSKY APPELLANT

V

THE STATE OF TEXAS STATE

------------

FROM CRIMINAL DISTRICT COURT NO. 3 OF TARRANT COUNTY

------------

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

------------

Pursuant to rule of appellate procedure 50, we have reconsidered our previous opinion upon reviewing the State’s petition for discretionary review. See Tex. R. App. P. 50. We withdraw our April 22, 2010 opinion and judgment, and we substitute the following.

I. Introduction

Appellant William Luther Witkovsky appeals from a judgment…