Farmer, Kody William

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. PD-1620-12

KODY WILLIAM FARMER, Appellant

v.

THE STATE OF TEXAS

ON STATE'S PETITION FOR DISCRETIONARY REVIEW

FROM THE SECOND COURT OF APPEALS

TARRANT COUNTY

Cochran, J., filed a concurring opinion in which Johnson, J., joined.

CONCURRING O P I N I O N

I concur in the majority's resolution of this appeal, but I cannot join its reasoning. Texas, like most states, recognizes an affirmative defense of involuntary intoxication, (1) and it applies even in DWI cases. Appellant offered evidence that he was involuntarily intoxicated and requested instructions on that…