MILBURN v. STATE

No. 07-04-0100-CR.

214 S.W.3d 194 (2007)

Leland Ray MILBURN, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Amarillo.

Rehearing Overruled February 23, 2007.


Attorney(s) appearing for the Case

Harold L. Comer, Pampa, for Appellant.

Lynn Switzer, Dist. Atty., Pampa, for Appellee.

Before QUINN, C.J., CAMPBELL, J., and BOYD, S.J.


Opinion

BRIAN QUINN, Chief Justice.

On June 16, 2005, we issued our opinion overruling appellant's two issues and affirming the trial court's judgment. The Texas Court of Criminal Appeals granted appellant's petition for discretionary review, found that the trial court erred in omitting from its jury charge an instruction on probation, and remanded the cause to us to assess harm. The parties were afforded opportunity to brief the issue, and upon reading...

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