alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 32.1  CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002  In connection with the Quarterly Report of China Multimedia, Inc. (the "Company") on Form 10-Q for the period ended March 31, 2011 (the "Report"), I, Wilson Cheung, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that: 1) The Report fully complies with the requirement of Section 13(a) or 15 (d) of the Securities Exchange Act of 1934; and 2) The information contained in the Report fairly presents, in all material respects, the Company's financial position and results of operations. /s/Wilson CheungWilson Cheung, Chief Executive Officer May 16, 2011
Exhibit 32.1





CERTIFICATION PURSUANT TO 18 U.S.C. 1350 AS ADOPTED


PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002





The undersigned hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to their knowledge, the Quarterly Report on Form 10-Q for the period ended June 30,  2011 of Tiger Oil and Energy Inc. (the “Company”) fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended, and the information contained in such periodic report fairly presents, in all material respects, the financial condition and results of operations of the Company as of, and for, the periods presented in such report.





Very truly yours,





/s/ Kenneth B. LiebscherKenneth B. LiebscherChief Executive OfficerOctober 13 , 2011/s/Howard BouchHoward BouchChief Financial OfficerOctober 13 , 2011





A signed original of this written statement required by Section 906 of the Sarbanes-Oxley Act of 2002 has been provided to Tiger Oil and Energy, Inc. and will be furnished to the Securities and Exchange Commission or its staff upon request.
Filed by Bowne Pure Compliance





Exhibit 10.4.3




GANNETT CO., INC.

DEFERRED COMPENSATION PLAN

RULES FOR POST-2004 DEFERRALS




Restated as of January 1, 2005




Amendment No. 2




Effective December 9, 2008, Gannett Co., Inc. hereby amends the Gannett Co., Inc. Deferred
Compensation Plan Rules for Post-2004 Deferrals, restated as of January 1, 2005 (the “Plan”), as
follows:



1. Effective as of the date of this amendment, Section 2.0 of the Plan is amended by adding
the following new Section to the end thereof:




2.13 Transition Rule Deferral Elections. Notwithstanding any provision to the
contrary, active employees and directors of the Company as of December 1, 2008, who have
made elective deferrals into the Plan that are subject to the requirements of Section 409A
(“409A Deferrals’) shall be permitted to make new elections as to the time and form that
their 409A Deferrals (including earnings and losses on such amounts) will be paid under this
Plan; provided that the earliest date on which payments under a new election may commence is
October 2009. The following rules shall apply to such elections:




	 	•	 	such elections shall supersede any previous elections that the participant has
made with respect to his/her 409A Deferrals;
	 
	 	•	 	such elections must be made before December 31, 2008, or such earlier date
designated by the Benefit Plans Committee, and pursuant to such rules established
by the Benefit Plans Committee; and
	 
	 	•	 	such elections must be made in accordance with Section 409A and are subject to
the requirements of IRS Notice 2007-86, which provide that the election may only
apply to amounts that would not otherwise be payable in 2008.





IN WITNESS WHEREOF, Gannett Co., Inc. has caused this Amendment to be executed by its duly
authorized officer as of December 9, 2008.



	 	 	 	 	 
	 	GANNETT CO., INC.

 	 
	 	By:  	/s/ Roxanne V. Horning
 	 
	 	 	Name:  	Roxanne V. Horning 	 
	 	 	Title:  	Senior Vice President/Human Resources
EXHIBIT I

Case 2:18-cr-00422-DJH Document 1366-11 Filed 10/26/21 Page 1 of 2
Pd·,w,enb Recel\'l:'d 

2025 (Aprtl-~) 9,997,500 2016 6,686,394 

1011 2.~,171 

2017 Mncip.sl P~ni!tti d11-ect~d To ~~/Aiguelb5 l,CXXJ,000 

~11 Pnnap;il Pa)mr.nti d RICtl'-d to KiWM ti. R11<- ns ard t:lrtteo<er 

2018 Mr,o pal P~1"te1-<i. 

:M111 Pnooo;il r>.~ffler(, d~ed to A-isl11& 

too11 Su"TI'"lliry 

Oro_cinJI 1.o.1n lhl::rna! 

l\1ncipel Payml!rb- 1015 

~c 2016 Note AinenamerJ. 

Loan B,al;incia ll/31/17 

Pn~ P;i\ffl"lnts· Wl8 

lteo:rd l)ep:!s1 ll 1X> Aus I Iii 

llilll~ 3-31-18 

(M.trd'I 2018) 

Ul.S,,(91 

2,0CXl..000 

75,4!17,563 

SlS, 673,694 

C'1.llll7,S0Jt 

20J& (&,686,39'1 2017 (J.OOS,178} 

(353, 9:19.8001 

161~.1122 

2018 (3,818,491) 

(2.000,0001 

156, 176,13 J 

Allar,.{JC jUS Lo..nt 

JCWla 

26,® ,71'1 

37,499,540 

~.IS1,2bl 

8.9'.>,848 

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lW.l 

36,081,.214 

4', 185,,934 

7,162,441 

1.000,00'.l 

-4, 714,3}9 

2,000, CCX) 

9S,743,928 

UGC (Fcrc

.1.1:

950,.000 3,M

22. 2 fll,3S 1 4,7329 ~7,460 J.40

UOO.COJ 

8,.842,620 5

,.m,1200 

66.,)'l(),li34 10,01

Tatal P.Jymart:s•Bolb L

n.1n.2IB 

(9SO ,()00) 

(22,181,351) (31,447~1?) l)t)I

22,49J.,-407 

l8,8AlJi201 

[2, 719,.2031 

10,&7 J.,S84 

p ,.77

fl7.,ll

Case 2:18-cr-00422-DJH Document 1366-11 Filed 10/26/21 Page 2 o
<PAGE>

Exhibit 99.1


                    Certification of CEO and CFO Pursuant to
                            18 U.S.C. Section 1350,
                             as Adopted Pursuant to
                 Section 906 of the Sarbanes-Oxley Act of 2002

In connection with the Annual Report of RCN Corporation (the "Company") on Form
10-K and Amendment No. 1 on Form 10-K/A for the fiscal year ended December 31,
2002 as filed with the Securities and Exchange Commission on March 31, 2003 and
on the date hereof, respectively (the "Report"), David C. McCourt, as Chief
Executive Officer of the Company, and Jeffrey M. White, as Chief Financial
Officer of the Company, each hereby certifies, pursuant to 18 U.S.C. Section
1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, to
the best of his knowledge, that:

     (1)  The Report fully complies with the requirements of Section 13(a) of
          the Securities Exchange Act of 1934; and

     (2)  The information contained in the Report fairly presents, in all
          material respects, the financial condition and result of operations of
          the Company.



/s/  David C. McCourt
-------------------------
David C. McCourt
Chief Executive Officer
April 2, 2003 and as of March 31, 2003



/s/  Jeffrey M. White
-------------------------
Jeffrey M. White
Chief Financial Officer
April 2, 2003 and as of March 31, 2003


This certification accompanies this Report pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by the
Sarbanes-Oxley Act of 2002, be deemed filed by the Company for purposes of
Section 18 of the Securities Exchange Act of 1934, as amended.

A signed original of this written statement required by Section 906 has been
provided to RCN Corporation and will be retained by RCN Corporation and
furnished to the Securities and Exchange Commission or its staff upon request.
aafinancial8kex104_2182009.htm


     

    
      

      

    

     

    Exhibit
10.4


    
      AGREEMENT
TO AMEND AND EXTEND AGREEMENT OF

      MERGER
AND PLAN OF REORGANIZATION

      


      


      THIS AGREEMENT TO AMEND AND EXTEND
AGREEMENT OF MERGER AND PLAN OF REORGANIZATION is made and entered into on
February 11, 2009, by and among ACROSS AMERICA FINANCIAL SERVICES, INC., a
Colorado corporation (“Parent”), ACROSS AMERICA ACQUISITION CORP., a Colorado
corporation (“Acquisition Corp.”), which is a wholly-owned subsidiary of Parent,
and APRO BIO PHARMACEUTICAL CORPORATION, a Colorado corporation (the
“Company”).

      


      WHEREAS, the Parties have entered into
an Agreement of Merger and Plan of Reorganization dated November 17, 2008
(“Agreement”); and

      WHEREAS,
the Agreement provides that it will terminate on February 11, 2009 if a Closing
has not occurred; and

      


      WHEREAS, the Parties wish to amend to
Agreement to extend the termination deadline.

      


      NOW, THEREFORE, in consideration of the
mutual agreements and covenants hereinafter set forth, the parties hereto agree
as follows:

      


      1.           Section
12.1 of the Agreement shall be amended to insert the date of March 11, 2009 in
place of the date of February 11, 2009.

      


      2.           In
all other respects, the Agreement shall remain in full force and
effect.

      


      


      IN WITNESS WHEREOF, the parties hereto
have executed this Agreement to be binding and effective as of the day and year
first above written.

      


    

    
      	 
      	
              PARENT:

              ACROSS
      AMERICA FINANCIAL SERVICES, INC.

              By:  /s/ Brian L.
Klemsz

              Brian
      L. Klemsz

              President
      and Chief Executive Officer

               

            


    

    


    
      	 
      	
              ACQUISITION
      CORP.:

              ACROSS
      AMERICA ACQUISITION CORP.

              By:   /s/ Brian L.
      Klemsz                      

              Brian
      L. Klemsz

              President
      and Chief Executive Officer

               

               

            
	 
      	
              THE
      COMPANY:

              APRO
      BIO PHARMACEUTICAL CORPORATION

              By:   /s/ Vicki D.E.
      Barone

              Vicki
      D.E. Barone

              Chairman
Exhibit
32.1





CERTIFICATION
PURSUANT TO 18 U.S.C. SECTION 1350,


AS
ADOPTED PURSUANT TO


SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002





In
connection with the quarterly report of Derycz Scientific, Inc. (the “Company”)
on Form 10-Q for the period ended March 31, 20098, as filed with the Securities
and Exchange Commission on the date hereof (the “Report”), I, Peter Derycz,
Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. Section
1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,
that:





(1)
            The
      Report fully complies with the requirements of Section 13(a) or 15(d) of
      the Securities Exchange Act of 1934;
and





(2)
            The
      information contained in the Report fairly presents, in all material
      respects, the financial condition and results of operations of the
      Company.





/s/ Peter DeryczPeter
      DeryczChief
      Executive OfficerMay
      14, 2009
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 692 Introduced in House (IH)]

111th CONGRESS
  1st Session
H. RES. 692

     Supporting the goals and ideals of Tay-Sachs Awareness Month.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 29, 2009

 Mr. Arcuri (for himself, Mr. Hastings of Florida, Mr. McGovern, Mrs. 
 Lowey, and Mr. Cardoza) submitted the following resolution; which was 
            referred to the Committee on Energy and Commerce

_______________________________________________________________________

                               RESOLUTION

 
     Supporting the goals and ideals of Tay-Sachs Awareness Month.

Whereas Tay-Sachs disease is a rare, genetic disorder that causes destruction of 
        nerve cells in the brain and spinal cord due to the poor functioning of 
        an enzyme called beta-hexosaminidase A;
Whereas there is no proven treatment or cure for Tay-Sachs disease, which is 
        always fatal in children;
Whereas the disorder was named after Warren Tay, an ophthalmologist from the 
        United Kingdom, and Bernard Sachs, a neurologist from the United States, 
        both of whom contributed to the discovery of the disease in 1881 and 
        1887, respectively;
Whereas Tay-Sachs disease often affects families with no prior history of the 
        disease;
Whereas approximately 1 in 27 Ashkenazi Jews, 1 in 30 Louisianan Cajuns, 1 in 30 
        French Canadians, 1 in 50 Irish Americans, and 1 in every 250 people are 
        carriers of Tay-Sachs disease;
Whereas approximately 1,200,000 Americans are carriers of Tay-Sachs disease;
Whereas these unaffected carriers of the disease possess the recessive gene that 
        can trigger the disease in future generations;
Whereas if both parents of a child are carriers of Tay-Sachs disease, there is a 
        1 in 4 chance that the child will develop Tay-Sachs disease;
Whereas a simple and inexpensive blood test can determine if an individual is a 
        carrier of Tay-Sachs disease, and all people in the United States, 
        especially those citizens who are members of high-risk populations, 
        should be screened; and
Whereas heightened awareness and increased research are the best ways to 
        eradicate this horrific disease: Now, therefore, be it
    Resolved, That the House of Representatives supports the goals and 
ideals of Tay-Sachs Awareness Month and encourages and supports 
education and research efforts with respect to Tay-Sachs disease.
                                 <all>
```
#### Steven IANNIELLO, Appellant, v. STATE of Missouri, Respondent.

WD 41007.

Missouri Court of Appeals, Western District.

May 30, 1989.

Ronald F. Fish, Nevada, for appellant.

William L. Webster, Atty. Gen., Jefferson City, Philip M. Koppe, Asst. Atty. Gen., Kansas City, for respondent.

Before KENNEDY, C.J., and MANFORD and GAITAN, JJ.

ORDER

PER CURIAM.

Appeal from denial of Rule 27.26 motion for post-conviction relief.

Affirmed. Rule 84.16(b).
Exhibit 7

Case 2:18-cr-00422-DJH Document 1059-8 Filed 09/23/20 Page 1 of 3
Case 2:18-cr-00422-DJH Document 1059-8 Filed 09/23/20 Page 2 of 3
Case 2:18-cr-00422-DJH Document 1059-8 Filed 09/23/20 Page 3 of 3
IV 

House Calendar No. 153 

111TH CONGRESS 

2D SESSION H. RES. 994 

[Report No. 111–404] 

Directing the Attorney General to transmit to the House of Representatives 

all information in the Attorney General’s possession relating to the decision to dismiss United States v. New Black Panther Party. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 16, 2009 

Mr. WOLF submitted the following resolution; which was referred to the 

Committee on the Judiciary 

JANUARY 27, 2010 

Reported adversely from the Committee on the Judiciary, referred to the 

House Calendar, and ordered to be printed 

RESOLUTION 

Directing the Attorney General to transmit to the House 

of Representatives all information in the Attorney General’s possession relating to the decision to dismiss 

United States v. New Black Panther Party. 

1 Resolved, That the Attorney General is directed to 

2 transmit to the House of Representatives, not later than 

3 14 days after the date of adoption of this resolution, copies 

4 of any document, memo, or correspondence of the DepartVerDate Nov 24 2008 21:11 Jan 27, 2010 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\HR994.RH HR994

hsrobinson on DSK69SOYB1PROD with BILLS
2 

•HRES 994 RH 

1 ment of Justice with regard to United States v. New Black 

2 Panther Party, or any portion of any such document, 

3 memo, or correspondence that refers or relates to— 

4 (1) any department communications with re5 gard to the case between November 5, 2008, and 

6 November 15, 2009; 

7 (2) any communication with the defendants or 

8 the defendants’ attorneys between November 5, 

9 2008, and November 15, 2009; 

10 (3) any communication with third-party organi11 zations or individuals between November 5, 2008, 

12 and November 15, 2009; or 

13 (4) any evidence with regard to the dismissal of 

14 the case. 


hsrobinson on DSK69SOYB1PROD with BILLS

hsrobinson on DSK69SOYB1PROD with BILLS
House Calendar No. 153 

111TH CONGRESS 

2D SESSION H. RES. 994 

[Report No. 111–404] 

RESOLUTION 

Directing the Attorney General to transmit to the 

Panther Party. cision to dismiss United States v. New Black Attorney General’s possession relating to the deHouse of Representatives all information in the 

JANUARY 27, 2010 

Reported adversely from the Committee on the Judiciary, 

printed referred to the House Calendar, and ordered to be 


hsrobinson on DSK69SOYB1PROD with BILLS
<PAGE>
                                                                    Exhibit 99.2
                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Annual Report of Corillian Corporation (the "Company") on
Form 10-K for the period ended December 31, 2002 as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), I, Steven Sipowicz,
Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. Section
1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,
that:

          (1) The Report fully complies with the requirements of section 13(a)
or 15(d) of the Securities Exchange Act of 1934; and

          (2) The information contained in the Report fairly presents, in all
material respects, the financial condition and result of operations of the
Company.

 /s/ STEVEN SIPOWICZ

Steven Sipowicz
Chief Financial Officer
March 21, 2003
1 

INDEX OF EXHIBITS

INDEX OF EXHIBITS

 Exhibit Description 

1 May 24, 2018 Discovery Letter from Assistant United States 

Attorney Kevin Rapp to counsel for all defendants describing 

government's initial disclosure of documents

 2 October 18, 2016 from Attorney Cristina Arguedas to Deputy 

California Attorney Generals Mailman and Krell re: attorney-client 

privileged documents in People v. Ferrer et al.

 3 Six (6) Letters dated April 26, 2018; May 1, 2018; May 2, 2018; 

May 15, 2018; and May 23, 2018; and June 12, 2018 from Attorney 

Michael Piccareta to Assistant United States Attorney Kevin Rapp 

re: attorney-client privileged documents 

April 26, 2018 letter from Nancy Clarence to Hon. Leo Sorokin, 

U.S. District COurt for the District of Massachusetts

4

 

 

 

 

 

 

 

Case 2:18-cr-00422-DJH Document 227 Filed 07/20/18 Page 1 of 1
1

2

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10

11

12

13

14

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23

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25

26

1

feder law office, p.a.

2930 e. camelback road, suite 160

phoenix, arizona 85016

(602) 257-0135

bf@federlawpa.com

fl@federlawpa.com

Bruce Feder - State Bar No. 004832

Attorney for Defendant, Scott Spear

UNITED STATES DISTRICT COURT

DISTRICT OF ARIZONA

United States of America, )

)

Plaintiff, )

)

vs. )

)

Scott Spear. )

)

Defendant. )

)

)

)

NO. CR18-00422 PHX SPL

DEFENDANT SCOTT SPEAR’S

JOINDER IN DEFENDANT LARKIN’S

RESPONSE TO GOVERNMENT’S

MOTION FOR LEAVE TO FILE

UNTIMELY REPLY IN SUPPORT OF

ITS APPLICATION FOR ORDER

REGARDING CRIMINAL FORFEITURE

(ORAL ARGUMENT REQUESTED)

The Defendant, Scott Spear, by and through his attorney, Bruce Feder/Feder Law Office.,

P.A., hereby joins in Defendant James Larkin's Response to Government’s Motion for Leave to

File Untimely Reply in Support of Its Application for Order Regarding Criminal Forfeiture [304]

in all respects as said Response applies to him.

RESPECTFULLY SUBMITTED this 14th day of September, 2018.

FEDER LAW OFFICE, P.A.

/s/ Bruce Feder

Attorney for Defendant, Scott Spear

. . .

. . .

Case 2:18-cr-00422-DJH Document 307 Filed 09/14/18 Page 1 of 2
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2

CERTIFICATE OF SERVICE

I hereby certify that on the 14th day of September, 2018, I electronically transmitted the

foregoing to the Clerk of the Court via the CM/ECF system for filing and transmittal of a Notice

of Electronic Filing to the following CM/ECF registrants:

Kevin Rapp: Kevin.Rapp@usdoj.gov

Andrew Stone: Andrew.Stone@usdoj.gov

Margaret Perlmeter: Margaret.Perlmeter@usdoj.gov

John Kucera: John.Kucera@usdoj.gov

Reginald Jones: Reginald.Jones@usdoj.gov

Peter S. Kozinets: Peter.Kozinets@usdoj.gov

Attorneys for the United States

Paul Cambria: pcambira@lglaw.com

James Grant: jimgrant@dwt.com

Erin McCampbell: emccampbell@lglaw.com

Robert Corn-Rever: bobcornrevere@dwt.com

Ronald London: ronnielondon@dwt.com

Janey Henze Cook: janey@henzecookemurphy.com

John Littrell: jlittrell@bmkattorneys.com

Kenneth Miller: kmiller@bmkattorneys.com

Michael Piccarreta: mlp@pd-law.com

Stephen M. Weiss: sweiss@karpweiss.com

Michael Kimerer: mdk@kimerer.com

Tom Bienert: tbienert@bmkattorneys.com

Gary Lincenberg: gsl@birdmarella.com

Ariel Neuman: aneuman@birdmarella.com

KC Maxwell: kcm@kcmaxlaw.com

David Wakukawa: dsw@kcmaxlaw.com

Attorneys for the Defense

By: /s/ A. Jones

Case 2:18-cr-00422-DJH Document 307 Filed 09/14/18 Page 2 of 2
AMENDMENT TO





 


 










AMENDMENT 

TO

ASSOCIATED ESTATES REALTY CORPORATION

2008 EQUITY-BASED AWARD PLAN


            The Associated Estates Realty Corporation
2008 Equity Based-Award Plan as adopted by the Board on March 14, 2008 and
subsequently approved by holders of the Company’s outstanding shares, (the
"Plan") is hereby amended, as of its effective date, for the purpose
of reflecting compliance with Section 409A of the Code, as follows:  


1.         Section 11(A)(4) is
amended and restated to provide as follows:


Subject to Section 3(C) and
unless otherwise determined by the Committee in its sole discretion at or after
grant but prior to any Change in Control or Potential Change in Control, each
outstanding Award (other than a 409A Award), in each case to the extent vested,
shall be cashed out (and such Award terminated) by paying the participant an
amount equal to the excess, if any, of the “Change in Control Price” as defined
in Section 11(E) as of the date such Change in Control or such Potential Change
in Control is determined to have occurred over the exercise price or other
purchase price, if any, payable by the participant with respect to such Award,
except that in the case of Share Appreciation Rights, Fair Market Value shall
be used rather than Change in Control Price for this purpose.  Subject to
Section 3(C), upon any 409A Change in Control, each outstanding 409A Award, in
each case to the extent vested, shall be cashed out (and such 409A Award
terminated) by paying the participant an amount equal to the excess, if any, of
the Change in Control Price as of the date such 409A Change in Control is
determined to have occurred over the exercise price or other purchase price, if
any, payable by the participant with respect to such 409A Award.




ASSOCIATED
ESTATES REALITY  CORPORATION




By: 
/s/Jeffrey I. Friedman______________________

                                                                                           Title: 
President, Chief Executive Officer
#### Jose Zubia PACHECO, Appellant, v. The STATE of Texas, Appellee.

No. 292-89.

Court of Criminal Appeals of Texas, En Banc.

April 26, 1989.

David C. Guaderrama, El Paso, for appellant.

Steve Simmons, Dist. Atty., and Matthew Dekoatz, Asst. Dist. Atty., El Paso, Robert Huttash, State’s Atty., Austin, for the State.

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

PER CURIAM.

Appellant was convicted by a jury for burglary of a habitation and assessed 5 years imprisonment. The conviction was originally affirmed in an unpublished opinion. No. 08-84-131CR. Discretionary review was granted and the case was remanded for reconsideration. *Pacheco v. State,*757 S.W.2d 729 (Tex.Cr.App.1988). On remand, the Court of Appeals affirmed in a published opinion delivered January 18, 1989. 770 S.W.2d 834 (Tex.App.1989). Appellant filed a petition for discretionary review raising a single ground for review.

We have considered the issues raised and find that the Court of Appeals reached the correct result. As is true in every case where this Court refuses a petition for discretionary review, this refusal does not constitute endorsement or adoption of the reasoning employed by the Court of Appeals. See *Sheffield v. State,*650 S.W.2d 813 (Tex.Cr.App.1983).

With this understanding, appellant’s petition for discretionary review is refused.