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SMITH v. GOHMERT

No. 72,845.

976 S.W.2d 212 (1998)

Clinton Wayne SMITH, Relator-Applicant, v. Hon. Louis B. GOHMERT, Jr., Judge, Seventh District Court, Respondent.

Court of Criminal Appeals of Texas, En Banc.

September 30, 1998.

Attorney(s) appearing for the Case

Clinton Wayne Smith, Gatesville, pro se.

Bobby D. Mims, Tyler, for appellant.

David Dobbs, Kamela Cromer, Asst. District Attorneys, Tyler, Matthew Paul, State's Atty., Austin, for State.

Before the court en banc.

Appellant's motion for rehearing denied.

DISSENTING OPINION TO DENIAL OF APPLICANT'S MOTION FOR REHEARING

BAIRD, Judge, dissenting.

For the reasons stated in my dissenting opinion on original submission, I believe the instant motion for rehearing should be granted. Additionally, I would grant rehearing to determine if Tex.Code Crim. Proc. Ann. art. 11.08 is the appropriate vehicle to determine whether applicant's allegation that his constitutional...

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