King v. State

I concur with the majority’s disposition of the present case because the trial court committed reversible error by failing to instruct the jury as required under Texas Code of Criminal Procedure article 38.23. I would not reach the issue of the constitutionality of the roadblock. Constitutional issues should not reached unless it is absolutely necessary and the matter cannot be resolved on another basis. See Smith v. State, 658 S.W.2d 172, 174 (Tex.Crim.App. 1983); Ex parte Salfen, 618 S.W.2d 766, 770 (Tex.Crim.App.1981). King properly submitted and requested an instruction which traced the…