Brock v. State

jTOM GRAY, Chief Justice,

concurring

I write separately only to address the complexity of the statute as it relates to whether the indictment was duplicitous; Issue Two.

Texas Penal Code section 36.06(a) uses the word “or” 12 times in the body of that *19subsection alone. The offense is entitled “Obstruction or Retaliation.” The breadth of the options of alternative manner and means to convict under just one of the subsections of this statute has been commented upon by the Texas Court of Criminal Appeals. See Cada v. State, 334 S.W.3d 766 (Tex.Crim.App.2011).

When the statute. is examined in the…