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TUCKER v. STATE

No. 04-09-00046-CR.

405 S.W.3d 182 (2013)

Thomas Paul TUCKER, Appellant v. The STATE of Texas, Appellee.

Court of Appeals of Texas, San Antonio.

Dissenting Opinion by Justice Martinez May 29, 2013.

Attorney(s) appearing for the Case

Nancy B. Barohn , Attorney at Law, San Antonio, TX, for Appellant.

Robert Henneke , County Attorney, Ken-County, Christopher M. Eaton , Assistant County Attorney, Kerrville, TX, for Appellee.

Sitting en banc: CATHERINE STONE, Chief Justice, KAREN A. ANGELINI, Justice, SANDEE BRYAN MARION, Justice, MARIALYN BARNARD, Justice, REBECA C. MARTINEZ, Justice, PATRICIA O. ALVAREZ, Justice, LUZ ELENA D. CHAPA, Justice.

OPINION ON APPELLANT'S MOTION FOR REHEARING AND MOTION FOR EN BANC RECONSIDERATION

Opinion by: PATRICIA O. ALVAREZ, Justice.

On the court's own motion, we withdraw the panel opinion and judgment of December 12, 2012, and substitute this en banc opinion and judgment. Appellant's motion for leave to file an oversized motion for rehearing and en banc reconsideration is granted. Appellant's motions for rehearing and en banc reconsideration are denied. See...

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