Eisenhauer v. State

I join the dissenting opinion filed by Judge Clinton in this cause. However, given what the majority opinion that is authored by Judge McCormick states and holds, I am strongly compelled to also file this dissenting opinion.

I find that Hon. Alfred Walker, First Assistant State’s Attorney, in the petition for discretionary review that he has filed in this cause on behalf of the State, has succinctly, and perhaps correctly, formulated the issue that is before this Court for resolution when he states: “The basic question in this case is whether [, given what the Legislature of Texas enacted…