OPINION ON REHEARING JAMES T. WORTHEN, Chief Justice. The State filed a motion for rehearing, which is overruled. The court's opinion of January 24, 2007 is withdrawn, and the following opinion is substituted in its place. Anthony Wasylina appeals his conviction for criminally negligent homicide, for which he was sentenced to confinement for two years, probated for five years. In one issue, Appellant argues that the trial court improperly submitted in its charge the lesser included offense...
MEMORANDUM OPINION DAVID PURYEAR, Justice. In this case, we are being asked to address a district court's declaratory judgment interpreting the judgment of a county court that has been reversed and remanded for completion of trial. The City of Austin (the "City") attempted to condemn property owned by Harry Whittington and the other individuals listed in the style of this case (the "Whittingtons"). A condemnation proceeding was conducted in a county court at law, and the City obtained title...
