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FUGATE v. STATE

No. 2-04-548-CR.

200 S.W.3d 781 (2006)

Randy Lee FUGATE, Appellant, v. The STATE of Texas, State.

Court of Appeals of Texas, Fort Worth.

July 27, 2006.

Attorney(s) appearing for the Case

M. Paige Williams, Fort Worth, for Appellant.

Jack A. McGaughey, Asst. District Atty., Montague, for State.

Panel B: LIVINGSTON, DAUPHINOT, and HOLMAN, JJ.

OPINION ON REHEARING

TERRIE LIVINGSTON, Justice.

After reconsidering our prior opinion on appellant Randy Lee Fugate's motion for rehearing, we deny the motion, but we withdraw our March 9, 2006 opinion and judgment and substitute the following in their place in order to clarify parts of our original opinion as guided by the recent court of criminal appeals opinion in Villescas v. State, 189 S.W.3d 290 (Tex.Crim...

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