*1 Court of Appeals

Fifth District of Texas at Dallas

MANDATE

TO THE COUNTY CRIMINAL COURT NO. 4 OF DALLAS COUNTY, GREETINGS: Before the Court of Appeals for the Fifth District of Texas, on the 18 th day of August, 2015, the cause on appeal to revise or reverse the judgment between

THE STATE OF TEXAS, Appellant On Appeal from the County Criminal Court

No. 4, Dallas County, Texas No. 05-14-01246-CR V. Trial Court Cause No. MA13-05080.

Opinion delivered by Justice Whitehill. MARK CLAYTON TATOM, Appellee Justices Francis and Lang-Miers

participating.

was determined; and this Court made its order in these words:

On the Court’s own motion, we WITHDRAW the opinion and VACATE the judgment of April 14, 2005.

Based on the Court’s opinion of this date, the trial court’s order is REVERSED and the cause REMANDED for further proceedings consistent with this opinion.

WHEREFORE, WE COMMAND YOU to observe the order of the Court of Appeals for the Fifth District of Texas, in this behalf, and have it duly obeyed and executed.

WITNESS the HON. CAROLYN WRIGHT, Chief Justice of the Court of Appeals, with the Seal thereof affixed, at the City of Dallas, this 2 nd day of October, 2015.

LISA MATZ, Clerk