Robert Mosby v. State Texas

ROBERT J. SEERDEN, Associate Justice The State filed a motion for leave to file a late motion for rehearing. Pursuant to Rules 4 and 6, TEX. R. CRIM. APP. P., we granted the State's motion to file a motion for rehearing. Cf. Marroquin v. State, 652 S.W.2d 429, 434 (Tex. App.--Corpus Christi 1983, no pet.). In its motion for rehearing, the State argues that an amendment to TEX. REV. CIV. STAT. ANN. art. 5561h is relevant to this case and provides a pertinent exception to the psychiatrist/patient privilege. The State urges, therefore, the communications between appellant and Dr. Nelson were not privileged and the conviction should be affirmed. We agree.