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WASHINGTON v. STATE

No. 2-95-436-CR.

943 S.W.2d 501 (1997)

Charles Edward WASHINGTON, Appellant, v. The STATE of Texas, State.

Court of Appeals of Texas, Fort Worth.

Rehearing Overruled May 15, 1997.

Attorney(s) appearing for the Case

Williams S. Harris, Fort Worth, for Appellant.

Tim Curry, Criminal District Attorney, Betty Marshall, Charles M. Mallin, Edward L. Wilkinson, James Cook, Karen Lynn, Assistant Criminal District Attorneys, Fort Worth, for State.

Before DAY, DAUPHINOT and RICHARDS, JJ.

OPINION ON REHEARING

DAY, Justice.

The State's motion for rehearing is granted. We withdraw our November 21, 1996 opinion and judgment and substitute the following.

INTRODUCTION

This case presents the following issue: If a criminal defendant requests notice of the State's intent to introduce extraneous offense evidence during the punishment phase of the trial, does the State have to give notice if the extraneous offense evidence is offered...

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