OPINION ON REHEARING
LAURA CARTER HIGLEY, Justice.
We originally issued our memorandum opinion in this appeal on December 29, 2011. Appellant, James Alexander Richards, has filed a motion for rehearing and motion for en banc reconsideration. We deny the motion for rehearing, vacate our earlier judgment, withdraw our previous opinion, and issue this opinion in its place. Accordingly, we dismiss the motion for en banc reconsideration as moot.
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