Reidweg v. State

ON APPELLANT’S MOTION FOR REHEARING

STONE, Justice.

Appellants’ Motion for Rehearing is denied, however, the unpublished opinion and judgment of this court issued on June 30, 1998, are withdrawn and this opinion and judgment are substituted therefor so as to discuss the Texas Court of Criminal Appeal opinion, Ormsby v. State, 600 S.W.2d 782 (Tex.Crim.App.1979).

Facts and ProceduRAl Background

Melinda Cook Reidweg was convicted of operating a motor vehicle in a public place while intoxicated and by accident and mistake causing the death of another. See Tex. Penal Code Ann. § 49.08(a) (Vernon…