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FORTIER v. STATE

No. 07-02-0139-CR.

105 S.W.3d 697 (2003)

Jody Lewis FORTIER, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Amarillo.

Opinion Overruling Rehearing June 10, 2003.

Attorney(s) appearing for the Case

Paul Herrmann, R. Walton Weaver, Amarillo, for appellant.

Rebecca King, Amarillo, Potter County Dist. Atty., for State.

Before JOHNSON, C.J., QUINN, J. and BOYD, S.J.

ON MOTION FOR REHEARING

BRIAN QUINN, Justice.

Pending before the court is the motion of Jody Lewis Fortier, appellant, for rehearing. Appellant questions whether the judgment is void since he was "sentenced... pursuant to a first degree offense punishment range even though he was only charged with and found guilty of a second degree felony." We grant the motion for rehearing, reverse that portion of the judgment levying sentence and punishment, and...

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