Johnson v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

TEAGUE, Judge.

This Court granted the State’s petition for discretionary review in order to review the decision of the Dallas Court of Appeals in Johnson v. State, 695 S.W.2d 686 (Tex.App.-Dallas, No. 05-84-00807-Cr, June 28, 1985), which opinion was authored by Justice Allen, with Chief Justice Guittard and Justices Akin, Carver, Stephens, Sparling, Vance, Guillot and Maloney joining therein, and with Justice Whitham concurring with opinion, with Justices Devany, Howell and McClung joining therein.

On behalf of the court of appeals, Justice…