POLASEK v. STATE

No. 01-98-00328-CR.

16 S.W.3d 82 (2000)

David Brian POLASEK, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Overruled May 12, 2000.


Attorney(s) appearing for the Case

Donald W. Rogers, Jr., Houston, for Appellant.

Calvin Hartmann, John B. Holmes, William Delmore, III, Houston, for State.

En banc Court consists of Chief Justice SCHNEIDER and Justices COHEN, MIRABAL, O'CONNOR, WILSON, HEDGES, ANDELL, TAFT, NUCHIA, PRICE, and ROBERTSON.


EN BANC OPINION ON MOTION FOR REHEARING

TIM TAFT, Justice.

On December 2, 1999, a majority of this Court sitting en banc affirmed appellant's conviction for criminal trespass. Although we deny appellant's motion for rehearing, we withdraw our original opinion and issue this one in its place.

A jury convicted appellant, David Brian Polasek, of criminal trespass. The trial court sentenced appellant, as a second offender, to 120 days in jail. We determine...

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