Legal Opinion · Dissent

McAfee v. State

Texas Court of Appeals, 13th District

Decided October 26, 2006No. 13-03-420-CRPublished

1Dissent

Dissenting Opinion by

Justice YÁÑEZ.

The majority affirms appellant’s conviction because it concludes there is independent evidence requiring no corroboration that “tends to connect” appellant to the offense. Specifically, the majority identifies (1) Officer Ross Gonzales’s testimony that he observed appellant and his accomplice, Frank Gonzales (Franky) arrive at Jesse Waddy’s (the confidential informant’s) residence in accordance with a proposed drug transaction pre-arranged by Waddy and police officers, and (2) appellant was apprehended immediately thereafter “in close proximity” to the…

2Cases cited21 opinions

  1. Boykin v. StateCourt of Criminal Appeals of Texas · 1991
  2. Dowthitt v. StateCourt of Criminal Appeals of Texas · 1996
  3. McDuff v. StateCourt of Criminal Appeals of Texas · 1997
  4. Solomon v. StateCourt of Criminal Appeals of Texas · 2001
  5. Acker v. Texas Water CommissionTexas Supreme Court · 1990

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