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ATCHISON v. STATE

No. 03-03-00118-CR.

124 S.W.3d 755 (2003)

Mark ATCHISON, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Austin.

Supplemental Opinion Overruling Rehearing December 18, 2003.

Discretionary Review Refused March 24, 2004.

Attorney(s) appearing for the Case

Keith S. Hampton, Austin, for appellant.

Doug Arnold, Assistant District Attorney, Georgetown, for appellee.

Before Justices KIDD, B.A. SMITH and PURYEAR.

OPINION

DAVID PURYEAR, Justice.

Appellant Mark Atchison was indicted for intentionally or knowingly causing serious bodily injury to a child based on the death by shaking of his four-month-old daughter. Pursuant to a plea bargain agreement, he pleaded guilty to the lesser included offense of reckless injury to a child and was placed on deferred adjudication community supervision for six years. Tex. Pen.Code Ann. § 22.04(a), (e) (West 2003). Three...

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