Clark v. State

I concur with the result reached by the majority, that article 38.071, section 2 was applied in a constitutional manner in this case. TEX.CODE CRIM.PROC.ANN. art. 38.071, sec. 2 (Vernon Supp.1987). However, I would hold that article 38.071, section 2 is constitutional and overrule this court’s holdings in two cases. Buckner v. State, 719 S.W.2d 644, 650-51 (Tex.App.— Fort Worth 1986, pet. pending); Romines v. State, 717 S.W.2d 745, 749 (Tex.App.— Port Worth 1986, pet. pending).

The majority of our court has previously held that section 2 is unconstitutional. Specifically, our court held that…