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SCALES v. STATE

No. PD-0442-11.

380 S.W.3d 780 (2012)

Courtney Jay SCALES, Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas.

October 10, 2012.

Attorney(s) appearing for the Case

David L. Garza , Houston, for Appellant.

Jessica A. Caird , Asst. District Atty, Houston, Lisa C. McMinn , State's Attorney, Austin, for State.

OPINION

JOHNSON, J., delivered the opinion of the Court in which KELLER, P.J., PRICE, WOMACK, KEASLER, HERVEY, and COCHRAN, JJ., joined.

The state has filed a motion for rehearing. We withdraw our opinion on original submission, substitute this opinion, and deny the state's motion for rehearing. Appellant was charged with aggravated robbery with a deadly weapon. TEX. PENAL CODE § 29.03(2). During a recess in jury deliberations on the second day...

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