Castello v. State

CONCURRING OPINION

Terry Jennings, Justice

I concur in the judgment of the Court and write separately to explain why although I would hold that appellant, Brian Castello, an indigent criminal defendant, has met his burden of establishing that Texas Code of Criminal Procedure article 102.011(a)(3) is unconstitutional as applied to him because it violates his right to confrontation, I agree that under this Court's precedent, we must, at this time, overrule his challenge. See London v. State , 526 S.W.3d 596 (Tex. App.-Houston [1st Dist.] 2017, pet. ref'd).1

Appellant, without an agreed…