¶1Appeal from 70th District Court, Ector County; Gene Ater, Judge.
¶2Prior report: Tex.App., 777 S.W.2d 466.
¶3On Appellant’s and State’s petition for discretionary review: State’s petition refused and Appellant’s petition refused as to ground No. 1; Appellant’s petition granted as to ground No. 2 and remanded to the Court of Appeals.