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TURRUBIATE v. STATE

No. 04-10-00744-CR.

365 S.W.3d 780 (2012)

Marcos TURRUBIATE, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, San Antonio.

Discretionary Review Granted June 6, 2012.

Attorney(s) appearing for the Case

Victor M. Valdes , Attorney at Law, San Antonio, TX, for Appellant.

Kevin P. Yeary , Assistant Criminal District Attorney, San Antonio, TX, for Appellee.

Sitting: KAREN ANGELINI, Justice, SANDEE BRYAN MARION, Justice, STEVEN C. HILBIG, Justice.

OPINION

SANDEE BRYAN MARION, Justice.

In an opinion and judgment dated November 9, 2011, we reversed the trial court's order on appellant's motion to suppress and remanded the cause to the trial court for further proceedings. The State of Texas filed a motion for rehearing and appellant filed a response. We deny the State's motion; however, for the purpose of expanding upon our discussion of waiver, we withdraw our opinion and judgment of November 9, 2011...

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