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DAVIS v. STATE

No. 10-07-00206-CR.

277 S.W.3d 429 (2008)

Willie Edward DAVIS, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Waco.

August 13, 2008.

Attorney(s) appearing for the Case

Richard E. Wetzel, Austin, TX, for Appellant.

Bill R. Turner, Brazos County Dist. Atty., Bryan, TX, for Appellee.

DISSENT TO ORDER STRIKING BRIEF

Justice VANCE, dissenting.

I agree with the disposition of Davis's first issue and the decision to abate for a hearing on his motion to recuse the trial judge. See Kniatt v. State, 239 S.W.3d 910, 922 (Tex.App.-Waco 2007, order) (per curiam) (abuse of discretion by not correctly applying or interpreting recusal law).

I disagree with the action to strike the State's brief....

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