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ZIMMERMAN v. STATE

No. 71106.

881 S.W.2d 360 (1994)

Kevin Lee ZIMMERMAN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

June 1, 1994.

Attorney(s) appearing for the Case

Douglas M. Barlow, Beaumont, for appellant.

Tom Maness, Dist. Atty., and John R. DeWitt, Asst. Dist. Atty., Beaumont, Robert Huttash, State's Atty., Austin, for State.

Before the Court en banc.

OPINION ON REMAND FROM THE UNITED STATES SUPREME COURT

CAMPBELL, Judge.

On original submission, we affirmed the judgment of the trial court in this case. Zimmerman v. State, 860 S.W.2d 89 (Tex. Crim.App.1993). The United States Supreme Court subsequently granted appellant's petition for writ of certiorari, vacated our judgment, and remanded this case for further consideration in light of Johnson v. Texas,

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