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WOODARD v. STATE

No. 14-08-00288-CR.

300 S.W.3d 404 (2009)

Andrew WOODARD, Appellant, v. The STATE of Texas, Appellee.

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

October 22, 2009.

Attorney(s) appearing for the Case

Jeffrey W. Purvis, Angleton, TX, for Appellant.

Jon L. Hall, Angleton, TX, for Appellee.

Panel consists of Justices SEYMORE, BROWN, and SULLIVAN.

SUBSTITUTE OPINION

KENT C. SULLIVAN, Justice.

We deny the State's motion for rehearing, withdraw our opinion issued May 14, 2009, and issue this substitute opinion in its place.

Appellant, Andrew Woodard, was acquitted of murder, the only offense described in the felony indictment. However, he was convicted of conspiracy to commit aggravated robbery, a crime that (1) was not set forth in the indictment and (2) is not a lesser-included offense of...

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