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MATULA v. STATE

No. 13-97-226-CR.

972 S.W.2d 891 (1998)

Edward John MATULA, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Corpus Christi.

July 2, 1998.

Attorney(s) appearing for the Case

Charles W. Medlin, David Cunningham, Houston, for Appellant.

W. C. Kirkendall, Dist. Atty., Frank Follis, Asst. Dist. Atty., Seguin, for State.

Before SEERDEN, C.J., and YANEZ and KENNEDY, JJ.

OPINION

NOAH KENNEDY, Justice (Retired).

Pursuant to rule 50 of the Texas Rules of Appellate Procedure, we withdraw our earlier opinion issued on May 14, 1998, and substitute the following opinion. Tex.R.App. P. 50.

The undisputed facts show that on December 1, 1995 a pickup truck overturned in Lavaca County on FM 531. The pickup truck had been towing a jeep, which was found off the road in a borrow ditch. The two persons involved in the accident...

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