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KIMBERLIN v. STATE

No. 2-92-454-CR.

877 S.W.2d 828 (1994)

Tammie Lea KIMBERLIN, Appellant, v. The STATE of Texas, State.

Court of Appeals of Texas, Fort Worth.

Rehearing Denied April 20, 1994.

Attorney(s) appearing for the Case

Elizabeth Horan, Fort Worth, for appellant.

Tim Curry, Crim. Dist. Atty., Betty Marshall and Charles Mallin, Asst. Chiefs of Appellate Section, Francine Y. Lyles, Asst. Dist. Atty., Fort Worth, for appellee.

Before LATTIMORE, DAY and FARRAR, JJ.

OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW

LATTIMORE, Justice.

In accordance with Tex.R.App.P. 101, a majority of the justices who participated in the original opinion and the opinion on the State's petition for discretionary review in this case hereby withdraw our opinion and judgment of March 22, 1994, reconsider and modify the same, and substitute the following:

Appellant, Tammie Lea Kimberlin, was convicted by a jury of the offense...

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