Jeromy Gaddy v. State

I must respectfully dissent from the majority opinion because I believe that it is constitutionally infirm.

After we issued our opinion in this case,1 attached as an appendix, the Texas Court of Criminal Appeals held in Bowen v. State that it may be unjust to acquit if an issue first raised on appeal affects the sufficiency of the evidence of the aggravating element.2 The Bowen majority reasoned,

In Collier [v. State, 999 S.W.2d 779 (Tex.Crim.App.1999) ], a plurality of this Court held that an appellate court does not have the authority to reform a judgment to reflect a conviction of a…