Abbott v. State

278 S.W.3d 929 (2009)

Johnny Ray ABBOTT, Appellant

v.

The STATE of Texas, Appellee.

No. 10-07-00295-CR.

Court of Appeals of Texas, Waco.

April 8, 2009.

Gary A. Udashen, Sorrels Udashen & Anton, Dallas, TX, for Appellant/Relator.

Joe F. Gubbs, Ellis County District Attorney, Waxahachie, TX, for Appellee/Respondent.

CONCURRENCE

TOM GRAY, Chief Justice.

I agree with almost everything stated in the dissenting opinion. The problem with the analysis in the dissenting opinion, and why I cannot join in the procedure it advocates, is that it simply stops short of the relevant rule. In this proceeding, this…