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DAVIS v. STATE

No. 06-03-00026-CR.

141 S.W.3d 694 (2004)

Darnann Bayne DAVIS, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Texarkana.

Decided May 28, 2004.

Rehearing Overruled July 20, 2004.

Attorney(s) appearing for the Case

James W. Volberding, Tyler, for appellant.

Henry Whitley, Special Asst. Dist. Atty., Marcus D. Taylor, Wood County Dist. Atty., Quitman, for appellee.

Before MORRISS, C.J., ROSS and CARTER, JJ.

OPINION

Opinion by Justice CARTER.

I. Procedural and Factual History

Darnann Bayne Davis pled guilty on April 27, 1998, to injuring a child. See TEX. PEN.CODE ANN. § 22.04 (Vernon 2003). Pursuant to a negotiated plea agreement, the trial court found the evidence substantiated Davis' guilt, but deferred a finding of guilt and placed Davis on community supervision for six years.

On July 14, 2000, the State filed its first motion...

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