BYRD v. STATE

No. 04-08-00226-CR.

319 S.W.3d 102 (2010)

Lavonne BYRD, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, San Antonio.

Discretionary Review Granted September 15, 2010.


Attorney(s) appearing for the Case

Roderick B. Glass , Assistant Public Defender, San Antonio, TX, for appellant.

Scott Roberts , Assistant Criminal District Attorney, San Antonio, TX, for appellee.

Sitting en banc: CATHERINE STONE, Chief Justice, KAREN ANGELINI, Justice, SANDEE BRYAN MARION, Justice, PHYLIS J. SPEEDLIN, Justice, REBECCA SIMMONS, Justice, STEVEN C. HILBIG, Justice, MARIALYN BARNARD, Justice.


OPINION ON REHEARING EN BANC

Opinion by STEVEN C. HILBIG, Justice.

In an order dated March 4, 2009, a majority of this court granted Appellant Lavonne Byrd's motion for rehearing en banc. The panel opinion and judgment dated January 14, 2009, are withdrawn, and this opinion and judgment are substituted. We affirm the trial court's judgment.

BACKGROUND

By way of an information, the State charged that Byrd "with intent to deprive the owner...

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