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DONOHO v. STATE

No. 2-99-215-CR.

39 S.W.3d 324 (2001)

Eric Scott DONOHO a/k/a Eric S. Donoho, Appellant, v. The STATE of Texas.

Court of Appeals of Texas, Fort Worth.

Rehearing Overruled March 8, 2001.

Attorney(s) appearing for the Case

Suzanne Hudson, Arlington, for appellant.

Tim Curry, Criminal District Attorney, Charles Mallin, Chief Assistant District Attorney for Appellate Section, Sylvia Mandel, John Cope, and John Carlough, Assistant District Attorneys, Fort Worth, for appellee.

PANEL A: DAY and GARDNER, JJ.; and FARRIS, J. (Retired, Sitting by Assignment).

OPINION ON REHEARING

DAY, Justice.

I. INTRODUCTION

We have reconsidered our prior opinions upon appellant's motion for rehearing. We deny appellant's motion for rehearing, withdraw our opinions and judgment of December 28, 2000, and substitute the following.

A grand jury indicted Appellant Eric Scott Donoho on two counts of aggravated assault on a public servant. A jury determined that Appellant had used or exhibited a deadly weapon during...

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