Faust v. State

Newell, J.,

filed a dissenting opinion.

I dissent because I have concerns regarding'the way this case was presented to both the trial court and the court of appeals. On appeal, the appellants argue that § 38.15 of the Penal Code (Interference with Public Duties) was unconstitutionally applied to them. But in the trial court, the appellants, even after arguing an asrapplied challenge, requested only that the trial court find them not guilty. I dissent because I'would -remand the ease to the court of appeals so that court could first analyze .the appellants’ sufficiency challenge and then address…