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RANGEL v. STATE

No. 2-04-514-CR.

199 S.W.3d 523 (2006)

Rodolfo RANGEL, Appellant, v. The STATE of Texas, State.

Court of Appeals of Texas, Fort Worth.

July 25, 2006.

Attorney(s) appearing for the Case

Stephen R. Bjordammen, Wichita Falls, for Appellant.

Barry L. Macha, Crim. Dist. Atty., Jeff Eaves, Mark Barber, Asst. Crim. Dist. Attys., Wichita Falls, Matthew Paul, State Prosecuting Atty., Lisa C. McMinn, Asst. State's Atty., Austin, for the State of Texas.

PANEL F: LIVINGSTON, DAUPHINOT, and HOLMAN, JJ.

OPINION ON THE STATE'S SECOND PETITION FOR DISCRETIONARY REVIEW

TERRIE LIVINGSTON, Justice.

Pursuant to rule of appellate procedure 50, we have reconsidered our previous opinion on the State's petition for discretionary review. See TEX.R.APP.P. 50. We withdraw our judgment and opinion dated June 5, 2006, and substitute the following in order to address and apply the recent Supreme Court case of Davis v. Washington, ___ U.S. ___, 126 S.Ct. 2266...

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