TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

SUPPLEMENTAL OPINION ON MOTIONS FOR REHEARING

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NO. 03-02-00200-CR

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James Booksh, Appellant

v.

The State of Texas, Appellee

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FROM THE DISTRICT COURT OF TRAVIS COUNTY, 390TH JUDICIAL DISTRICT

NO. 005045, HONORABLE JULIE H. KOCUREK, JUDGE PRESIDING

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On motions for rehearing and reconsideration en banc, appellant finds fault with the cases cited in the opinion. He attempts to distinguish the cited cases from this case, but for reasons that are not pertinent to this case. The cited cases support the decision reached. However, without need for support from any case authority, simple common sense dictates the result reached. There is nothing in the record to show that the contraband appellant judicially confessed to possessing was seized by the use of a search warrant. There is no search warrant in the record. There is nothing in the record, of which we may take cognizance, that shows the complained of affidavit was used to obtain a search warrant. We remain convinced that the problems with the record precludes review of the issue presented for review. In view of the record, we repeat whether the affidavit is sufficient or insufficient is of purely academic interest. Appellant's motion for rehearing and motion for reconsideration en banc are overruled.

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Carl E. F. Dally, Justice

Before Chief Justice Law, Justices Kidd and Dally^*

Motion for Rehearing Overruled; Motion for

Reconsideration En Banc Overruled

Filed: June 12, 2003

Do Not Publish

^* Before Carl E. F. Dally, Judge (retired), Court of Criminal Appeals, sitting by assignment. See Tex. Gov't Code Ann. § 74.003(b) (West 1998).