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CARMELL v. STATE

No. 2-97-197-CR.

26 S.W.3d 726 (2000)

Scott Leslie CARMELL, Appellant, v. The STATE of Texas, State.

Court of Appeals of Texas, Fort Worth.

Rehearing Overruled September 21, 2000.

Attorney(s) appearing for the Case

William Street, Denton, for Appellant.

Bruce Isaacks, Crim. Dist. Atty., Yolanda M. Joosten, Paige McCormick, Earl Dobson, Asst. Dist. Atty., Denton, for Appellee.

PANEL F: HOLMAN, J., CAYCE, C.J., and DAY, J.

OPINION ON REMAND

PER CURIAM.

On original submission, this court held the amended version of article 38.07 applied to Appellant's case because it was a rule of procedure rather than a statute affecting the range of punishment or the elements of an offense. See Carmell v. State, 963 S.W.2d 833, 836 (Tex.App.-Fort Worth 1998, pet. ref'd). The Texas Court of Criminal Appeals refused Appellant's petition for discretionary...

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