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CASEY v. STATE

No. 03-03-00030-CR.

160 S.W.3d 218 (2005)

David Wayne CASEY, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Austin.

March 10, 2005.

Attorney(s) appearing for the Case

Robert N. Udashen, Sorrells & Udashen, PC, Cynthia M. Barbare, Dallas, for appellant.

Charles Patrick Reynolds, Dallas, for appellee.

Before Chief Justice LAW, Justices PATTERSON and PURYEAR.

OPINION

DAVID PURYEAR, Justice.

The opinion and judgment dated December 2, 2004, are withdrawn. The State's motion for rehearing is overruled.

Appellant David Wayne Casey, Jr., and codefendant Scott Cannon were jointly tried for sexual assault aggravated by the administration of gamma hydroxybutyrate (GHB), a "date rape" drug. See Tex. Pen. Code Ann. § 22.021(a)(1)(A)(i), (2)(A)(vi) (West Supp.2004-05). The jury found Cannon not...

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