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HAYNES v. STATE

No. 01-05-00803-CR.

254 S.W.3d 466 (2008)

Larry Glenn HAYNES, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Discretionary Review Granted August 22, 2007.

Attorney(s) appearing for the Case

James M. Leitner, Houston, TX, for Appellant.

Charles A. Rosenthal, Jr., District Attorney-Harris County, Shirley Cornelius, Assistant District Attorney-Harris County, Houston, TX, for Appellee.

Panel consists of Justices NUCHIA, JENNINGS, and HIGLEY.

OPINION ON PETITION FOR DISCRETIONARY REVIEW

SAM NUCHIA, Justice.

The State has filed a petition of discretionary review. Pursuant to Texas Rule of Appellate Procedure 50, we withdraw our November 16, 2006 opinion and substitute this modified opinion. Our November 16, 2006 judgment remains unchanged.

We must decide whether the State may use a section of the Family Code to define who constitutes a household member for the purposes of committing felony...

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