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NEWMAN v. STATE

No. 14-08-00568-CR.

303 S.W.3d 10 (2009)

John L. NEWMAN, Appellant, v. The STATE of Texas, Appellee.

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

Rehearing En Banc Overruled December 10, 2009.

Attorney(s) appearing for the Case

Douglas M. Durham, Houston, for Appellant.

Alan Curry, Houston, for Appellee.

Panel consists of Chief Justice HEDGES and Justices ANDERSON and SEYMORE.

SUBSTITUTE OPINION

CHARLES SEYMORE, Justice.

Appellant John L. Newman's motion for rehearing is granted. We withdraw our Memorandum Opinion issued on April 23, 2009, and issue this Substitute Opinion.

Pursuant to a plea bargain, appellant pleaded no contest to the felony offense of intoxication assault. The trial court found him guilty and, consistent with the plea bargain, assessed punishment of two years' confinement. The trial court also certified...

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