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McGOWEN v. STATE

No. 14-94-00246-CR.

25 S.W.3d 741 (2000)

Joseph Kenton McGOWEN, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

July 20, 2000.

Attorney(s) appearing for the Case

Clinton F. Greenwood, George McCall Secrest, Jr., Houston, for appellants.

William J. Delmore, III, Houston, for appellees.

Before Chief Justice MURPHY and Justices YATES, MAURICE E. AMIDEI, ANDERSON, FOWLER, EDELMAN, WITTIG, FROST and DRAUGHN, En Banc.

OPINION ON REHEARING EN BANC

JOE L. DRAUGHN, Justice (Assigned).

We withdraw the opinion of the panel delivered on February 3, 2000, and substitute the following en banc opinion without hearing argument.

The Court of Criminal Appeals vacated our previous judgment in this case and remanded the matter to this Court. See McGowen v. State, 991 S.W.2d 803 (Tex.Crim.App.1998). We previously held in this case that...

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