Holmes, Billy

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. PD-1050-07

BILLY HOLMES, Appellant

v.

THE STATE OF TEXAS

ON STATE'S PETITION FOR DISCRETIONARY REVIEW

FROM THE FOURTEENTH COURT OF APPEALS

HARRIS COUNTY

Cochran, J., delivered the opinion in which Keller, P.J., Price, Womack, Johnson, Keasler, Hervey and Holcomb, JJ., joined. Meyers, J., not participating.

O P I N I O N

We granted the State's petition for discretionary review to resolve a conflict between various courts of appeals as well as to clarify precedent from this Court. (1) The Fourteenth Court of Appeals has held that, even when a defendant states…