State v. LaRue

I respectfully dissent.

THE STANDARD OF REVIEW

The majority starts in error with the standard of review. They state the appropriate standards,1 but do not explicitly *438state whether they are utilizing the abuse of discretion standard or the de novo standard. It appears they are using the de novo standard. They aver the meaning of willful is a question of law citing generally Hampton v. State, 86 S.W.3d 608, 611 (Tex.Crim.App.2002). However, Hampton states: “The meaning of words and phrases used in a statute is a question of pure law.”

This court should afford almost total deference to the trial…