Opinion
No. 07-02-0348-CR.
March 26, 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 DO NOT PUBLISH.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 is the motion of Patrick Eugene Nash, appellant, for rehearing. We overrule it. Appellant contends that we were mistaken when we said, in footnote one of our original opinion, that he did not "complain about the search exceeding the scope authorized by the circumstances." According to the motion before us, he "did complain about the scope of the search at page 18 of his brief. . . ." Review of the brief to which he refers, and the various copies thereof, discloses neither a page 18 nor any argument relating to the scope of the search. Thus, we are unable to conclude that we erred by failing to consider an argument that went missing from the briefs given to us. The motion for rehearing is overruled.