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FOSTER v. STATE

No. 10-07-00358-CR.

320 S.W.3d 635 (2010)

Kodell FOSTER, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Waco.

September 1, 2010.

Attorney(s) appearing for the Case

Charles W. McDonald , Attorney at Law, Waco, TX, for Appellant.

John W. Segrest , McLennan County District Attorney, Waco, TX, for Appellee.

Before Chief Justice GRAY, Justice REYNA, and, Justice DAVIS.

ORDER

PER CURIAM.

Appellant Kodell Foster has filed an "Unopposed Motion to Stay, Execution of Set Aside or Withdraw Mandate."1 The motion, which seeks to have this court recall its mandate, was filed in conjunction with Foster's untimely second petition for discretionary review (for which a request for extension of time was filed but has been denied). For the reasons below, the court denies the motion.

The court issued...

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