Ex parte Perez

Although deference should be paid to the precedence relied upon by the majority opinion in granting petitioner’s relief, I am constrained to urge a re-examination of the principles upon which such precedence is based.

Beginning with this Court’s decision in Braxton v. State, 528 S.W.2d 844 (Tex.Cr.App.1975), and continuing to the present, there has been a misapplication of V.T.C.A. Penal Code, Section 6.02 to V.T.C.A. Penal Code, Sections 21.02 and 21.03.

With the passage of the 1974 Penal Code (hereinafter referred to as the Code), the concept of culpability was first given some appearance of…