Lopez v. State

I write only to express my feelings about a compelled result which is clearly wrong inasmuch as binding authority unnecessarily departs from sound legal reasoning.

In addressing appellant’s fourth ground of error, the majority has decided that the bond is proper in law based on Balboa v. State, 612 S.W.2d 553 (Tex.Crim.App.1981) (en banc). However, I question the correctness of Balboa and would follow Judge Onion’s dissent. Id. at 558-61 (Onion, J., dissenting). In deciding Balboa, the Court of Criminal Appeals extended the doctrine of waiver into an area previously covered by the doctrine of…