Perez v. State

KELLER, J.,

delivered a concurring opinion.

The question in the present case is whether Texas Code of Criminal Procedure, Article 44.46(2) violates Article XVI § 2 of the Texas Constitution. I would hold Article 44.46(2) to be constitutional in its entirety.

A. The Court of Appeals’ Opinion

The Court of Appeals held that Article 44.46(2) violated Article XVI § 2 of the Texas Constitution because the statute “allows juries to be empaneled with persons who have been ‘convicted of bribery, perjury, forgery or other high crimes,’ thereby *222destroying the jury’s purity.” Perez v. State, 973 S.W.2d 759,…