Robinson v. State

I concur in the result. I write to express my view that on a different record it might be shown that a prosecutor’s discretion to choose the penalty range under which to indict conflicts with the Court of Criminal Appeals decision in Adley v. State, 718 S.W.2d 682, 684-85 (Tex.Crim.App.1986). See also Johnson v. State, 695 S.W.2d 686, 687-92 (Tex.App. — Dallas 1985) (Whitham, J., concurring and dissenting), rev’d, 713 S.W.2d 347 (Tex.Crim.App.1986).