State v. Markovich

KEASLER, J.,

filed this dissenting opinion in which PRICE and JOHNSON J., joined.

OPINION

The crux of the majority’s opinion deals with the following questions: “Exactly how much did we rewrite § 42.05 in Morehead v. State1! Did we add two new elements to the offense, or only one?” The majority answers “Just one.” But this answer begs the deeper question, which I would tackle first: “By what authority did we rewrite the statute in the first place?” I believe Morehead erred to rewrite § 42.05. Omitting those additions to the statute, I would consider § 42.05 on its face and conclude that it is…