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TEXAS DEPT. OF PUBLIC SAFETY v. NAIL

No. 03-08-00435-CV.

305 S.W.3d 673 (2010)

TEXAS DEPARTMENT OF PUBLIC SAFETY, Appellant, v. Joshua Jack NAIL, Appellee.

Court of Appeals of Texas, Austin.

January 8, 2010.

Attorney(s) appearing for the Case

J. Frank Davis, Courtney Moore, Austin, TX, for Appellant.

Laird Palmer, Mason, TX, for Appellee.

Joshua Jack Nail, Mason, TX, pro se appellee.

Before Justices PATTERSON, PEMBERTON and WALDROP.

ON MOTION FOR REHEARING

BOB PEMBERTON, Justice.

We grant the Texas Department of Public Safety's (DPS's) motion for rehearing, withdraw our opinion and judgment dated June 24, 2009, and substitute the following in its place. We dismiss DPS's motion for reconsideration en banc as moot.

Joshua Jack Nail was arrested and subsequently charged with the misdemeanor offense of furnishing alcohol to a minor. Pursuant to a plea bargain, Nail pled nolo contendere...

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