Gonzales v. State , 2008 Tex. App. LEXIS 8264 ( 2008 )

ORDER ON MOTION FOR REHEARING

MACKEY K. HANCOCK, Justice.

By opinion dated October 3, 2008, this court affirmed the trial court’s judgments regarding appellant’s convictions and sentences for the offenses of aggravated kidnapping and aggravated sexual assault. Pursuant to Rule 49.1 of the Texas Rules of Appellate Procedure, appellant has filed a motion for rehearing contending that this court erroneously decided the issues presented as well as failed to address his request to modify the judgment to reflect the correct degree of felony regarding the aggravated kidnapping conviction. Even with the additional briefing and the presentment of more recent cases regarding the issue of double jeopardy, we remain convinced that the issues in the case were properly decided; however, we acknowledge that we failed to take any action on appellant’s request to modify the aggravated kidnapping judgment to reflect the correct degree of felony. We grant the motion for rehearing, withdraw our opinion of October 3, 2008, and substitute the following opinion: