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STATE v. SUBKE

No. 05-94-00913-CR.

918 S.W.2d 11 (1995)

The STATE of Texas, Appellant, v. Charles Eugene SUBKE, Appellee.

Court of Appeals of Texas, Dallas.

Discretionary Review Refused November 1, 1995.

Attorney(s) appearing for the Case

J. Craig Jett, Travis Walk, Dallas, for appellant.

Gail Falco, Assistant Criminal District Attorney, McKinney, for appellee.

Before LAGARDE, CHAPMAN and MORRIS, JJ.

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We withdraw our unpublished opinion of August 23, 1995.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...

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