Arteaga v. State

Yeary, J.,

filed a concurring opinion.

I agree with the Court’s ultimate construction of Section 22.011(f) of the Penal Code in all but one critical aspect. Tex. Penal Code § 22.011(f). Regardless of how we might resolve the ambiguity inherent in the lack of clarifying punctuation, I cannot agree that this provision ever requires the State to “prove facts that would constitute bigamy.” The Court declares that “[t]he legislature intended for the State to prove facts constituting bigamy ... [.] ” Majority Opinion at 13. In my opinion, there is no sense in which Section 22.011(f) can fairly be…