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WINNINGHAM v. STATE

No. 02-07-00389-CR.

334 S.W.3d 289 (2010)

Lester WINNINGHAM, Jr., Appellant, v. The STATE of Texas, State.

Court of Appeals of Texas, Fort Worth.

Discretionary Review Refused February 16, 2011.

Attorney(s) appearing for the Case

William H. "Bill" Ray , Law office of William H. "Bill" Ray, P.C., Fort Worth, TX, for Appellant.

Joe Shannon, Jr. , Criminal District Attorney, Charles M. Mallin , Chief, Appellate Section, Steven W. Conder , Greg Miller , Tiffany Burks , Assistant Criminal District Attorneys, for Tarrant County, Fort Worth, TX, for State.

PANEL: DAUPHINOT, GARDNER, and MEIER, JJ.

OPINION ON PETITIONS FOR DISCRETIONARY REVIEW

BILL MEIER, Justice.

Pursuant to rule of appellate procedure 50, we have reconsidered our previous opinion upon reviewing Appellant Lester Winningham, Jr.'s and the State's petitions for discretionary review. See Tex.R.App. P. 50. We withdraw our July 1, 2010 opinion and judgment, and we substitute the following primarily to comport with the court of criminal appeals's recent opinion in Brooks v. State...

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