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WHEATON v. STATE

No. 13-02-426-CR.

129 S.W.3d 267 (2004)

Peter Hansen WHEATON, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Corpus Christi-Edinburg.

March 1, 2004.

Attorney(s) appearing for the Case

Jesus L. Santos, Sinton, Juan Martinez Gonzales, Alice, for appellant.

Michael Hess, Asst. Dist. Atty., Patrick L. Flanigan, Dist. Atty., Sinton, for state.

Before the Court en Banc.

OPINION

Opinion by Justice RODRIGUEZ.

A panel of this Court issued a memorandum opinion and a concurring memorandum opinion on January 22, 2004. Without filing a motion for rehearing, appellant, Peter Hansen Wheaton, filed a petition for discretionary review arguing that the Malik standard should have been applied in this case. See Malik v. State, 953 S.W.2d 234, 240 (Tex.Crim.App.1997). On February 17, 2004...

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