
    Bertram POWELL, Appellant, v. The STATE of Texas, Appellee.
    No. 1515-89.
    Court of Criminal Appeals of Texas, En Banc.
    Feb. 14, 1990.
   Appeal from 70th District Court, Ector County; Gene Ater, Judge.

Prior report: Tex.App., 777 S.W.2d 466.

On Appellant’s and State’s petition for discretionary review: State’s petition refused and Appellant’s petition refused as to ground No. 1; Appellant’s petition granted as to ground No. 2 and remanded to the Court of Appeals.  