ORDER TO PUBLISH

¶1  On July 20, 2010, Appellant, Jimmy Lee Baker, by and through his attorney of record, Cindy Brown Danner, filed a “Motion To Publish Opinion” in the above-styled case.  Counsel asserts that publication of this Court’s Summary Opinion herein (Baker v. State, Case No. F-2009-528 (Jun. 23, 2010; not for publication)) is warranted because she is unaware of any published case where this Court applied published law concerning the prosecution’s duty to disclose a witness’s pending charges, plea agreement and prior felony conviction.  Upon review of the Motion and the Opinion, the Court finds the request is well taken and should be granted.

¶2  Appellant’s Motion to Publish is GRANTED.  The Clerk of this Court is hereby directed to designate the Summary Opinion attached hereto, issued June 23, 2010, as “For Publication.”

¶3  IT IS SO ORDERED.

¶4  WITNESS OUR HANDS AND THE SEAL OF THIS COURT this 17th day of August, 2010.

/s/ Charles A. Johnson, Presiding Judge 
CHARLES A. JOHNSON, Presiding Judge

Not Participating 
ARLENE JOHNSON, Vice-Presiding Judge

/s/ Gary L. Lumpkin, Judge 
GARY L. LUMPKIN, Judge

/s/ David B. Lewis, Judge 
DAVID B. LEWIS, Judge

ATTEST:
Michael Richie
Clerk