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JOHNSON v. STATE

No. 10-95-017-CR.

939 S.W.2d 230 (1997)

Bryan Keith JOHNSON, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Waco.

Discretionary Review Refused April 30, 1997.

Attorney(s) appearing for the Case

Earl E. Bates, Jr., Ward Casey, Fort Worth, for appellant.

John W. Segrest, Criminal District Attorney, Susan N. Kelly, Asst. District Attorney, Waco, for appellee.

Before DAVIS, C.J., and CUMMINGS and VANCE, JJ.

SUPPLEMENTAL OPINION ON PETITION FOR DISCRETIONARY REVIEW

VANCE, Justice.

Our original opinion was issued on August 14, 1996. Johnson v. State, 933 S.W.2d 195 (Tex.App.-Waco 1996, pet. filed). The State's Petitions for Discretionary Review assail us for failing to consider its assertion that the testimony about S.M.'s prior sexual activity was properly excluded because of Rule 403. TEX.R.CRIM.EVID. 403. We offer...

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