dissenting on State’s Motion for Leave to File Motion for Rehearing.
The majority overrules the State’s motion for leave to file motion for rehearing. The motion should be granted for the reasons stated in Williams v. State, 535 S.W.2d 352 (Tex.Cr.App.1976), and in Brewer v. State, 572 S.W.2d 940 (1978 (dissenting opinion)).
VOLLERS, J., joins in this dissent.