Thornton, Gregory

Death Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. PD-0669-13

GREGORY THORNTON, Appellant

v.

THE STATE OF TEXAS

ON STATE’S PETITION FOR DISCRETIONARY REVIEW

FROM THE SEVENTH COURT OF APPEALS

LUBBOCK COUNTY

Alcala, J., filed a dissenting opinion in which Meyers, Johnson, and Cochran, JJ., joined.

DISSENTING OPINION

I respectfully dissent from the majority opinion’s holding that the judgment in this case should be reformed from tampering with physical evidence to a criminal attempt to commit that offense. Although I recognize that criminal attempt is, as a matter of law, characterized as a…