Ex Parte Billy MacK Maddison

The trial court determined that Texas Penal Code 33.07 was unconstitutional. I believe that decision is well founded on United States and Texas Court of Criminal Appeals precedent by which this Court is bound. There is no reason to belabor the legal points upon which I base my analysis. The decisions by the Court of Criminal Appeals, the supreme court of crime in Texas, in Ex Parte Thompson and Ex Parte Lo and the United States Supreme Court in Texas v. Johnson set out the appropriate framework and cases that should be used to guide us to an affir-mance of the trial court. See Tex. v.…