Vandyke, Roger Dale

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. PD-0283-16 ROGER DALE VANDYKE, Appellant v. THE STATE OF TEXAS ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW FROM THE NINTH COURT OF APPEALS MONTGOMERY COUNTY Y EARY, J., filed a dissenting opinion in which K EASLER, J., joined. DISSENTING OPINION In every previous constitution of the State of Texas since the first in 1845, the clemency power has resided in the Executive Department. It resides there still.1 See T EX. C ONST. art. IV, § 11(b). Among those powers is the power to “pardon” ordinary criminals. See id. (“In all criminal cases . . .…