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IN RE M.J.A.

No. 04-03-00076-CV.

155 S.W.3d 575 (2004)

In the Matter of M.J.A.

Court of Appeals of Texas, San Antonio.

December 8, 2004.

Attorney(s) appearing for the Case

Michael D. Robbins, San Antonio, for appellant.

Alan E. Battaglia, Asst. Criminal Dist. Atty., San Antonio, for appellee.

Sitting: ALMA L. LÓPEZ, Chief Justice, CATHERINE STONE, Justice PAUL W. GREEN, Justice SARAH B. DUNCAN, Justice KAREN ANGELINI, Justice SANDEE BRYAN MARION, Justice PHYLIS J. SPEEDLIN, Justice.

OPINION ON THE STATE OF TEXAS'S MOTION FOR REHEARING EN BANC

Opinion by SANDEE BRYAN MARION, Justice.

In June 2002, M.A. was charged with the burglary of a neighbor's home. Before the case was tried, he was shot in a drive-by shooting. M.A. was hospitalized for approximately four weeks. His trial ultimately began in January 2003. However, after the first day of trial, M.A. entered an open plea of true, and his case proceeded to the disposition phase. In...

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