In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
No. 02-17-00188-CR
EX PARTE CHARLES BARTON § On Appeal from County Criminal
Court No. 8
§
of Tarrant County (1314404)
§
October 3, 2019
§
Opinion by Chief Justice Sudderth
§
(p)
JUDGMENT ON REHEARING
After reviewing the State’s motion for rehearing, we deny the motion. We
withdraw our August 8, 2019 opinion and judgment and substitute the following.
This court has considered the record on appeal in this case and holds that there
was error in the trial court’s judgment. It is ordered that the judgment of the trial
court is reversed, and this case is remanded to the trial court to enter an order
dismissing the prosecution of charges against Barton on alleged violations of section
42.07(a)(7) of the Texas Penal Code.
SECOND DISTRICT COURT OF APPEALS
By __/s/ Bonnie Sudderth________________
Chief Justice Bonnie Sudderth