Lopez v. State

KELLER, Judge,

concurring and dissenting on appellant’s petition for discretionary review.

I agree with the majority opinion’s disposition of the vindictiveness and “ex post facto” claims. However, I disagree with some of the opinion’s reasoning regarding the “ex post facto claim,” and I disagree with the majority’s disposition of the admission of evidence claim.

I. THE EX POST FACTO CLAIM

The Due Process Clause of the Fourteenth Amendment prevents appellate courts from “achieving precisely the same result by judicial construction” that would be achieved by a legislature if it passed a law in…