State of Texas v. Posey, Cody Joe

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

Nos. PD-0034-10 and PD-0035-10

THE STATE OF TEXAS

v.

CODY JOE POSEY, Appellee

ON APPELLEE'S PETITIONS FOR DISCRETIONARY REVIEW

FROM THE SIXTH COURT OF APPEALS

LAMAR COUNTY

Keasler, J., filed a concurring opinion, in which Hervey and Cochran, JJ. join.

O P I N I O N

A jury convicted appellee of two criminally negligent homicides, alleged in separate indictments. The jury found that the motor vehicle driven by appellee in the commission of these offenses was used or exhibited as a deadly weapon, assessed punishment at two years' imprisonment, and recommended that…