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MOUNT v. STATE

No. 14-05-00842-CR.

217 S.W.3d 716 (2007)

Mike Seymour MOUNT, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

February 15, 2007.

Attorney(s) appearing for the Case

Anthony Osso, Houston, for appellant.

Jessica Akins McDonald, Houston, for appellee.

Panel consists of Justices ANDERSON, EDELMAN, and FROST.

SUBSTITUTE MAJORITY OPINION

KEM THOMPSON FROST, Justice.

We withdraw our opinion of August 8, 2006, and we issue this opinion in its place.

I. FACTUAL AND PROCEDURAL BACKGROUND

On Saint Patrick's Day 2005, Houston Police Officer Kenneth Dagnault received a police dispatch regarding a possible vehicle theft near 5177 Richmond, involving a white Cadillac pickup truck. A few minutes later, Officer Dagnault saw what he described as "a tan or...

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