
    John Lee SHUTE v. The STATE of Texas.
    No. 0855-91.
    Court of Criminal Appeals of Texas.
    June 2, 1993.
   Appeal from 263rd District Court of Harris County; Charles Hearn, Judge.

Prior report: Tex.App., 812 S.W.2d 61.

On state’s petition for discretionary review: judgment of the Court of Appeals vacated and cause remanded to that court.

OVERSTREET, J., dissents.

CLINTON and MALONEY, JJ., dissent with note.  