James Otto Earhart v. State Texas

On original submission we affirmed the judgment of the trial court. Earhart v. State, 823 S.W.2d 607 (Tex.Cr.App. 1991). However, the United States Supreme Court granted appellants petition for writ of certiorari, vacated our judgment and remanded the case for further consideration in light of Johnson v. Texas, 125 L. Ed. 2d 290, 509 U.S. , 113 S.Ct. 2658 (1993). We will again affirm.