Cook, David

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. PD-0344-12

DAVID COOK, Appellant

v.

THE STATE OF TEXAS

ON STATE'S AND APPELLANT'S

PETITIONS FOR DISCRETIONARY REVIEW

FROM THE SECOND COURT OF APPEALS

DENTON COUNTY

Hervey, J., filed a concurring opinion in which Keasler, J., joined.

CONCURRING OPINION

I have a problem with this case. Long ago this Court succinctly stated,

[I]n the reassembling of the jury, it was not a mere correction of an informality in the verdict that was attempted but the rendition of an entirely different verdict. Under the verdict first received, the right of having the appellant's…