Luera v. State

I agree with the majority’s decision to dismiss Luera’s appeal for want of jurisdiction. I do not, however, agree with the *417majority’s decision that substantial compliance can satisfy the requirements of Rule 25.2(b)(3). First, the majority has once again stepped outside the boundaries of what is necessary to decide the opinion. A decision about substantial compliance is not necessary to the disposition of the appeal. Second, for the same reasons as stated in our original Marbut opinion1, purportedly withdrawn by the Marbut opinion cited by the majority, I believe the doctrine of substantial…