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STADT v. STATE

No. 14-01-01272-CR.

120 S.W.3d 428 (2003)

Richard STADT, Appellant, v. The STATE of Texas, Appellee.

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

October 9, 2003.

Attorney(s) appearing for the Case

Rusty Hardin, Houston, for appellant.

Alan Curry, Houston, for appellee.

Panel consists of Justices YATES, ANDERSON, and FROST.

SUBSTITUTE OPINION

JOHN S. ANDERSON, Justice.

We withdraw our opinion issued June 19, 2003, substitute the following opinion in its place, and overrule appellant's motion for rehearing.

Appellant Richard Stadt was convicted by a jury of criminally negligent homicide. See Tex. Pen.Code Ann. § 19.05(a) (Vernon 2003). The trial court sentenced appellant to three years' confinement, but suspended the sentence and placed appellant on community...

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