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WITKOVSKY v. STATE

No. 2-09-259-CR.

320 S.W.3d 425 (2010)

William Luther WITKOVSKY, Appellant, v. The STATE of Texas, State.

Court of Appeals of Texas, Fort Worth.

Rehearing Overruled July 15, 2010.

Discretionary Review Dismissed October 20, 2010.

Attorney(s) appearing for the Case

Robert W. Buchholz , The Law Office of Robert W. Buchholz, P.C., Dallas, TX, for Appellant.

Joe Shannon, Jr. , Criminal District Attorney, Charles M. Mallin , Chief of the Appellate Section, Andy Porter , Lloyd Whelchel, Kacey Fickes, Asst. Criminal District Attorneys, Fort Worth, TX, for Appellee.

PANEL: WALKER, McCOY, and MEIER, JJ.

OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW

BILL MEIER, Justice.

Pursuant to rule of appellate procedure 50, we have reconsidered our previous opinion upon reviewing the State's petition for discretionary review. See Tex.R.App. P. 50. We withdraw our April 22, 2010 opinion and judgment, and we substitute the following.

I. INTRODUCTION

Appellant William Luther Witkovsky appeals...

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