OPINION AND ORDER

Opinion and Order

In accordance with the Texas Court of Criminal Appeals opinion, Banales v. Ct. of App. for the Thirteenth Jud. Dish, No. 74,307, slip op. at 3, 2002 Tex.Crim.App. LEXIS 108, at * 5, — S.W.3d-,-, 2002 WL 1021826 (May 22, 2002) (orig.proceeding), we withdraw our opinion and order issued in this case on February 28, *8122002, and deny relator’s petition for writ of mandamus. See Tex.R.App.P. 52.8(a).