Damon Richard Capps v. State

Opinion issued April 10, 2008

In The

Court of Appeals

For The

First District of Texas

NO. 01-07-00298-CR

__________

DAMON RICHARD CAPPS, Appellant

V

THE STATE OF TEXAS, Appellee

On Appeal from the 184th District Court

Harris County, Texas

Trial Court Cause No. 1111629

O P I N I O N

We deny appellant's motion for rehearing. Tex. R. App. P. 49.3. We withdraw our January 17, 2008 opinion, substitute this opinion in its place, and vacate our January 17, 2008 judgment. (1)

Appellant, Damon Richard Capps, challenges the trial court's order denying his application for a writ of habeas corpus. (2) In his sole…