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ROTENBERRY v. STATE

No. 2-06-164-CR.

245 S.W.3d 583 (2007)

Kevin Wayne ROTENBERRY, Appellant, v. The STATE of Texas State.

Court of Appeals of Texas, Fort Worth.

Rehearing Overruled December 13, 2007.

Attorney(s) appearing for the Case

Davis McCown, Hurst, for appellant.

Tim Curry, Crim. Dist. Atty., Charles M. Mallin, Chief of the Appellate Division, Helena F. Faulkner, Alan Levy and Christy Jack, Asst. Dist. Attys. for Tarrant County, Fort Worth, for appellee.

PANEL A: CAYCE, C.J.; LIVINGSTON and GARDNER, JJ.

OPINION

ANNE GARDNER, Justice.

Appellant Kevin Wayne Rotenberry appeals his conviction for tampering with physical evidence. Because the indictment failed to state an offense, we vacate the trial court's judgment and dismiss the indictment.

Background

The significant facts are largely uncontested. Appellant's grandmother, Peggy Dudley, was at one time married to a man named Patrick Cunningham. Cunningham was last seen alive in 1996. Peggy...

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