McGowan v. State

OPINION ON REHEARING

In his motion for rehearing, appellant argues for the first time that no trial objection was necessary to preserve the constitutional question for review. Appellant quotes the following passage: “Questions involving the constitutionality of a statute upon which a defendant’s conviction is based should be addressed by appellate courts, even when such issues are raised for the first time on appeal.” Rabb v. State, 730 S.W.2d 751, 752 (Tex.Crim.App.1987) (citing Moore v. State, 672 S.W.2d 242 (Tex.App.—Houston [14th Dist.] 1984, no pet.)). Appellant notes the courts of…