State v. Brabson

*200 CONCURRING OPINION TO DENIAL OF APPELLEE’S MOTION FOR REHEARING.

I concur to the denial of appellee’s motion for rehearing. I write separately to respond to Judge Meyers’ dissenting opinion to the denial of appellee’s motion for rehearing (“the dissent”).

This dissent claims the Court’s opinion on original submission “rests in large part on its resolution of an issue” that was “not presented as a ground upon which review was granted by this Court.” See State v. Brabson, 976 S.W.2d at 203 (Meyers, J., dissenting) (op. on denial of reh’g). Because of this, the dissent claims the parties have not…