Opinion
No. 07-02-0348-CR
July 22, 2004. DO NOT PUBLISH.
Appeal from the 64th District Court of Hale County, No. B14446-0205, Hon. Jack R. Miller, Presiding.
Panel B: Before JOHNSON, C.J., and QUINN and CAMPBELL, JJ.
On Motion for Rehearing
Pending before the court are motions of Patrick Eugene Nash, appellant, for rehearing and to supplement his appellate brief. We overrule the motion for rehearing and grant the "motion to supplement appellant's brief." Appellant contends, in his motion for rehearing, that his original brief was missing a page and that we "specifically referred to this omission in [our] original opinion." Furthermore, he claims that the missing portion of his brief contained an argument that "the scope of the search . . . exceeded that allowed by law." However, in our Modified Opinion Per T.R.A.P. Rule 50 of the Texas Rules of Appellate Procedure issued on June 25, 2004, we withdrew our original opinion and addressed the issue of whether the officer exceeded the scope of the search by searching in appellant's sock. In reviewing the issue, we found that the trial court did not abuse its discretion in denying the motion to suppress. Thus, in our modified opinion, we addressed the issue of scope which is the same issue appellant now contends we failed to review. Therefore, the motion for rehearing is overruled, and the motion to supplement the brief is granted.