Thomas Dixon v. the State of Texas

In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-16-00058-CR
THOMAS DIXON, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
On Appeal from the 140th District Court
Lubbock County, Texas
Trial Court No. 2012-435,942, Honorable Jim Bob Darnell, Presiding
April 25, 2022
ORDER ON MOTION FOR REHEARING
Before QUINN, C.J., and PARKER and DOSS, JJ.
Appellant Thomas Dixon has filed a motion for rehearing of our opinion and
judgment issued January 13, 2022, and at our request Appellee the State filed a
response. We deny Appellant’s motion for rehearing.
Appellant argues in his motion for rehearing that the record does not support our
statement in the opinion that he gave Dave Shepard permission to sell a bar of silver on
July 11, 2012. We issue this order for correction. The record indicates Appellant gave
Shepard permission to sell one bar of silver. That sale occurred on June 15, 2012;
Shepard sold two bars of silver on July 11, 2012.
Our original determination reversing and rendering a judgment of acquittal for the
offense charged under Count 2 of the indictment, murder in the course of committing
burglary, and affirming Appellant’s murder-for-remuneration conviction under Count 1 of
the indictment and corresponding sentence of imprisonment for life without parole
remains unchanged, though we deem it appropriate to issue this written order to correct
any misconception as to the evidence. See Daniels v. Allsup’s Convenience Stores, Inc.,
No. 07-18-00333-CV, 2020 Tex. App. LEXIS 4474 (Tex. App.—Amarillo June 15, 2020,
per curiam order).
Lawrence M. Doss
Justice
Do not publish.
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