Moreno v. State

The facts of this cause make it clear to me that the day in question was a “dismal” day for Ricardo Moreno, henceforth appellant. The facts reflect that appellant, who was then highly intoxicated, was shot once in the hand and once in the stomach by the complainant, a Houston police officer, who was a much larger man than appellant, who is only four feet, six inches tall. Given what the majority opinion states, or perhaps does not state, it should also be a “dismal” day for the Courts of Appeals of this State, if not the criminal jurisprudence of this State.

A majority of this Court, operating…