David Mark Temple v. State

Dissenting Opinion to Denial of Rehearing En Banc filed May 24, 2011.

In The

Fourteenth Court of Appeals

NO. 14-08-00074-CR

David Mark Temple, Appellant

V

The State of Texas, Appellee

On Appeal from the 178th District Court

Harris County, Texas

Trial Court Cause No. 1008763

DISSENTING OPINION TO DENIAL

OF REHEARING EN BANC

While this case was pending, a plurality of the Court of Criminal Appeals issued Brooks v. State and abolished factual-sufficiency review in derogation of the Texas constitutional and statutory right to appellate review of questions of fact in criminal cases. 323 S.W.3d 893, 894–912…