OPINION
DOUGLAS, Judge.
This is a companion case with Ruiz v. State, Tex.Cr.App., 457 S.W.2d 894, this day decided, and the facts are identical. The contention raised by appellant is the same as in the Ruiz case.
For the reasons stated therein, the judgment is reversed and cause is remanded.
WOODLEY, P. J., and BELCHER, J., dissent.