Ivey, Mark

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. PD-0552-08

MARK WILLIAM IVEY, Appellant

v.

THE STATE OF TEXAS

ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

FROM THE THIRD COURT OF APPEALS

TRAVIS COUNTY

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

O P I N I O N

We are called upon in this case to decide whether Article 42.12 of the Texas Code of Criminal Procedure confers upon a…