State v. Subke

OPINION ON PETITION FOR DISCRETIONARY REVIEW

LAGARDE, Justice.

This case is now before us on the appellant’s motion to publish and the State’s petition for discretionary review to the Court of Criminal Appeals. Upon reconsideration, and pursuant to rule 101 of the Texas Rules of Appellate Procedure, we now modify our opinion.

We withdraw our unpublished opinion of August 23, 1995. We grant the State’s motion for rehearing before the panel. We withdraw our opinion of November 30, 1994. We deny the State’s motion for rehearing en bane. We grant the appellant’s motion to publish. The following is…