Grey, Steven Carl

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. PD-0137-09

STEVEN GREY, Appellant

v.

THE STATE OF TEXAS

ON STATE'S PETITION FOR DISCRETIONARY REVIEW

FROM THE THIRD COURT OF APPEALS

HAYS COUNTY

Keller, P.J., delivered the opinion of the Court in which Meyers, Keasler, Hervey and Cochran, JJ., joined. Hervey, J., filed a concurring opinion in which Meyers, and Keasler, JJ., joined. Cochran, J., filed a concurring opinion. Johnson, J., concurred. Price, Womack, and Holcomb, JJ., dissented.

In the Royster-Rousseau line of cases, we established a two-pronged test for determining when a trial judge should…