Postell v. State

Judge Miller, in the dissenting opinion that he has filed in this cause, correctly points out the following: “Every once and a while a case comes along that demonstrates how far removed the thinking of this court can travel from the general perception of the legal community.” Also see Vol. 3, Texas Criminal Practice Guide, Section 74.01. This is one of those cases. In light of what occurred in the trial court, I am sure that members of the Bar who practice in Houston, either on occasion or full time, in light of how it has been done in the past, as to when a written election to have the…