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IN RE M.D.H.

No. 2-03-112-CV.

139 S.W.3d 315 (2004)

In the Matter of M.D.H.

Court of Appeals of Texas, Fort Worth.

Opinion Overruling Second Motion for Rehearing July 1, 2004.

Attorney(s) appearing for the Case

Swanda & Swanda, P.C. and Dean Swanda, Arlington, for Appellant.

Tim Curry, Crim. Dist. Atty., Charles M. Mallin, Anne Swenson, David M. Curl, and Rebecca McIntire, Asst. Crim. Dist. Attys., Fort Worth, for State.

Panel F: HOLMAN, GARDNER, and WALKER, JJ.

MEMORANDUM OPINION1 ON REHEARING

DIXON W. HOLMAN, Justice.

After reviewing Appellant M.D.H.'s motion for rehearing, we deny the motion. We also withdraw our December 18, 2003 opinion and judgment and substitute the following.

Appellant was charged in cause number 74033-J with misdemeanor assault on a family member and resisting arrest. The State's pleadings, in reference to the resisting arrest charge, stated...

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