Bartholomew v. State

The Court correctly holds that “under the facts of this case the offenses of speeding and racing are lesser included offenses of reckless driving” as prescribed by Article 37.-09(1), V.A.C.C.P. Maj. opinion, at 213. But in addressing the reasons given by the court of appeals for holding otherwise, and also in conducting its own analysis to resolve the issues here presented, the Court leaves the bench and bar without a definitive explication of reasons for so holding. Thus this concurrence.1

I

With respect to Article 37.09(1) the court of appeals noted “that the offense of racing and speeding…