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GREEN v. STATE

No. 12-99-00152-CR.

55 S.W.3d 633 (2001)

David Wayne GREEN, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Tyler.

Discretionary Review Refused August 29, 2001.

Rehearing Denied September 14, 2001.

Attorney(s) appearing for the Case

John Michael Head, Athens, for Appellant.

Donna Bennett, Athens, for the State.

Panel consisted of DAVIS, C.J., WORTHEN, J., and GRIFFITH, J.

OPINION AFTER MOTION FOR REHEARING

DAVIS, Chief Justice.

On November 15, 2000, this Court delivered an opinion affirming Appellant's conviction. Thereafter on December 21, 2000, Appellant filed a motion for rehearing. We overrule that motion, but withdraw our opinion of November 15, 2000, and substitute the following opinion in its place.

Appellant, David Wayne Green, was indicted for the felony offense of capital murder. Appellant...

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