Fourth Court of Appeals San Antonio, Texas JUDGMENT No. 04-09-00046-CR Thomas Paul TUCKER, Appellant v. The STATE of Texas, Appellee From the County Court at Law, Kerr County, Texas Trial Court No. CR08-11125 Honorable Spencer W. Brown, Judge Presiding BEFORE THE EN BANC COURT On the court’s own motion, we withdraw the panel opinion and judgment of December 12, 2012, and substitute this en banc opinion and judgment. Appellant’s motion for leave to file an oversized motion for rehearing and en banc reconsideration is GRANTED. Appellant’s motions for rehearing and en banc reconsideration are DENIED. See TEX. R. APP. P. 49.3, 49.7. In accordance with this court’s opinion of this date, the trial court’s judgment is AFFIRMED. SIGNED May 22, 2013. _____________________________ Patricia O. Alvarez, Justice