Brown, David Earl

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. PD-1723-12 DAVID EARL BROWN, Appellee v. THE STATE OF TEXAS ON STATE’S PETITION FOR DISCRETIONARY REVIEW FROM THE FIRST COURT OF APPEALS HARRIS COUNTY K EASLER, J., filed a dissenting opinion, in which K ELLER, P.J., and H ERVEY, J., joined. DISSENTING OPINION This case requires that we confront the issues relating to the intersection of the principles of voluntary absence and competence to stand trial: does a finding of one preclude the other? It is a question the majority does not correctly answer. I would hold that, by voluntarily absenting…