Freeman v. State

*686 DISSENTING OPINION TO THE REFUSAL OF APPELLANTS PETITION FOR DISCRETIONARY REVIEW

BAIRD, Judge.

The opinion of the Court of Appeals in this case is in direct conflict with our recent opinion in Oliver v. State, 872 S.W.2d 713 (Tex.Cr.App.1994). Because the Court of Appeals did not have the benefit of that opinion, I believe we should summarily grant appellant’s petition for discretionary review and remand the case to the Court of Appeals. Because the majority fails to do so, I respectfully dissent.

I

The pertinent facts are as follows. A felony complaint was filed against appellant on April 13,…