Gardner, John Steven

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. AP-75,582 JOHN STEVEN GARDNER, Appellant v. THE STATE OF TEXAS ON DIRECT APPEAL FROM CAUSE NO. 219-81121-06 IN THE 219TH DISTRICT COURT COLLIN COUNTY K ELLER, P.J., filed a concurring opinion in which M EYERS, J., joined. A statement is a dying declaration if it is “made by a declarant while believing that his death is imminent, concerning the cause or circumstances of what he believed to be his impending death.”1 I find absolutely no evidence in this case that Tammy Gardner believed that her death was imminent when she identified appellant as her…