Gonzales v. State

I concur in the result, but I disassociate myself from that portion of the opinion which relies on O’Conner v. State, 401 S.W.2d 237 (Tex.Crim.App.1966) for authority to consider as evidence those documents attached to the “Written Waiver and Consent to Stipulation of Testimony and Stipulations” which constitute statements or reports of witnesses whose names are not specifically included in the waiver portion of the instrument.

*389The majority opinion needlessly discusses, I believe, evidence not validly before the trial court or before this Court in arriving at its conclusion. As I see it the…