Hernandez v. State

I dissent to the majority’s disposition of this case because once again this Court seeks to decide a case based on nothing more than what it believes the result should be. In doing so, the court is once again second-guessing a decision of the appellate court. “Our principal role as a court of last resort is the caretaker of Texas law, not the arbiter of individual applications.” Arcila v. State,, 834 S.W.2d 357, 360 (Tex.Cr.App.1992). In reviewing courts of appeals decisions, it is our duty to ensure that the lower court reviewed the appropriate pertinent facts and performed an adequate…