Aaron Zane Somers v. State

IN THE

TENTH COURT OF APPEALS

No. 10-09-00387-CR

Aaron Zane Somers,

Appellant

v.

The State of Texas,

Appellee

From the 272nd District Court

Brazos County, Texas

Trial Court No. 08-00910-CRF-272

DISSENTING Opinion

I respectfully dissent because I believe the trial court abused its discretion by excluding the EMIT test results and, as a result, deprived Somers of his due process right to present a defense.

The trial court excluded this evidence because it found “no nexus” between the test results and Michelle Briggs’s death. At the time of the collision, Briggs’s car was parked slightly on the pavement. A…