Abbott v. State

CONCURRENCE

TOM GRAY, Chief Justice.

I agree with almost everything stated in the dissenting opinion. The problem with the analysis in the dissenting opinion, and why I cannot join in the procedure it advocates, is that it simply stops short of the relevant rule. In this proceeding, this Court’s original opinion, Abbott v. State, 245 S.W.3d 19, 22 (Tex.App.-Waco 2007) to which I dissented, was reversed by the Court of Criminal Appeals. Abbott v. State, 271 S.W.3d 694, 697 (Tex.Crim.App. 2008). On remand, the Clerk is now inquiring why we have not received a brief from the appellant and also…