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WILMETH v. STATE

No. 05-81-00397 CR.

634 S.W.2d 732 (1982)

Larry M. WILMETH, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Dallas.

Rehearing Denied April 27, 1982.

Attorney(s) appearing for the Case

Charles W. Tessmer, Dallas, for appellant.

Tom O'Connell, Dist. Atty., Bill Schultz, Asst. Dist. Atty., McKinney, for appellee.

Before AKIN, SPARLING and FISH, JJ.

ON MOTION FOR REHEARING

AKIN, Justice.

On Motion for Rehearing defendant argues that our opinion is in conflict with this court's opinion in D. L. N. v. State, 590 S.W.2d 820 (Tex.Civ.App.—Dallas 1979, no writ). Because our original opinion is not inconsistent with the rationale of D. L. N., we overrule defendant's motion for rehearing, 629 S.W.2d 218.

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