Henry v. State

I concur with the majority that this case should be reversed for the reasons set out in State v. Warner, 915 S.W.2d 873 (Tex.App.—Houston [1st Dist.], 1995, no pet.h.).

Accordingly, I would reverse and remand with orders that appellant’s motion to quash be granted.

*59OLIVER-PARROTT, C.J., and PRICE,1 J., also participating.. The Honorable Frank C. Price, former Justice, Court of Appeals, First District of Texas at Houston, participating by assignment.