Jaubert v. State

TOM GRAY Justice,

dissenting on petition for discretionary review.

For three reasons I cannot join my learned colleagues in their majority opinion. First, they misapply the rules to the facts, thus reaching an improper result. Second, they do this by essentially ignoring higher court precedent by which we are bound. Third, ultimately they rewrite the statute as authored by the legislature. I respectfully, but strongly, dissent.

Background

James Harmon Jaubert, Jr., also known as “Big Jube” and “J.J.,” entered a plea of guilty to one count of murder and four counts of attempted murder. He elected…