Griffith, Darrell

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

No. PD-1121-04

DARRELL GRIFFITH, Appellant

v.

THE STATE OF TEXAS

ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

FROM THE FOURTEENTH COURT OF APPEALS

HARRIS COUNTY

Holcomb, J., filed a dissenting opinion.

I respectfully dissent. I would hold that the trial court erred in not ordering preparation of a presentence investigation report (PSI), that appellant's request for a PSI preserved the trial court's error for appellate review, and that this case should be remanded to the court of appeals for a harm analysis.

The relevant facts are as follows. On June 6, 2001,…