HERNANDEZ v. STATE

No. 04-04-00768-CR.

198 S.W.3d 257 (2006)

Paul HERNANDEZ, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, San Antonio.

Discretionary Review Refused July 26, 2006.


Attorney(s) appearing for the Case

Keith S. Hampton, Austin, for appellant.

Daniel Thornberry, Asst. Crim. Dist. Atty., San Antonio, for appellee.

Sitting: CATHERINE STONE, Justice, KAREN ANGELINI, Justice, SANDEE BRYAN MARION, Justice.


OPINION ON REHEARING

Opinion by CATHERINE STONE, Justice.

On February 22, 2006, we issued an opinion and judgment affirming the trial court's judgment. Appellant, Paul Hernandez, has filed a motion for rehearing. We deny appellant's motion; however, we withdraw our opinion and judgment of February 22, 2006, and substitute this opinion and judgment in their stead.

BACKGROUND

On December 7, 2001, Paul Hernandez went to Elizabeth Tate's Bexar...

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