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POWELL v. STATE

No. 2-03-455-CR.

219 S.W.3d 498 (2007)

Michael Wayne POWELL, Appellant, v. The STATE of Texas, State.

Court of Appeals of Texas, Fort Worth.

March 8, 2007.

Attorney(s) appearing for the Case

William H. "Bill" Ray, Fort Worth, for Appellant.

Tim Curry, Criminal District Atty., Charles M. Mallin, Michael Casillas, Bruce Fyfe and Myron Davis, Asst. Criminal District Attys., Fort Worth, for Appellee.

Panel A: CAYCE, C.J.; DAUPHINOT and GARDNER, JJ.

OPINION ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

LEE ANN DAUPHINOT, Justice.

Pursuant to rule of appellate procedure 50, we have reconsidered our previous opinion on Appellant's petition for discretionary review. See TEX.R.APP. P. 50. We withdraw our judgment and opinion dated January 11, 2007, and substitute the following.

This case is before this court on remand from the Texas Court of Criminal Appeals.1

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