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PENA v. STATE

No. 10-03-00109-CR.

192 S.W.3d 684 (2006)

Jose PENA, Appellant v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Waco.

June 14, 2006.

Attorney(s) appearing for the Case

Frank Blazek, Smither Martin Henderson & Blazek PC, Huntsville, and R. Scott Ramsey, Attorney At Law, Houston, for Appellant/Relator.

Whitney T. Smith, Leon County Asst. District Attorney, Centerville, for Appellee/Respondent.

Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.

ORDER REQUESTING BRIEFING

PER CURIAM.

On original submission, this Court reversed Jose Pena's conviction on a theory not briefed by the parties. See Pena v. State, 166 S.W.3d 274 (Tex.App.-Waco 2005). The Court of Criminal Appeals reversed because we "fail[ed] to give the parties the opportunity to brief the issue." Pena v. State, 191 S.W.3d 133 (Tex.Crim.

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