Legal Opinion · Dissent

Robinson v. State

Texas Court of Appeals, 5th District (Dallas)

Decided January 13, 1989No. 05-87-01281-CRPublished

1DissentWhitham, Justice

I respectfully dissent in part and concur in part. In my view, appellant’s conviction of solicitation is void because it is based upon a fundamentally defective indictment that fails to charge an offense under section 15.03(a) of the Texas Penal Code. Therefore, I would sustain appellant’s second point of error, reverse the trial court’s judgment of conviction of solicitation of capital murder in cause number 05-87-01281-CR and order the indictment in that cause dismissed. I concur that the trial court’s judgment of conviction for arson in number 05-87-01282-CR be affirmed.

As to my dissent, I…

2Cases cited5 opinions

  1. American Plant Food Corporation v. StateCourt of Criminal Appeals of Texas · 1974
  2. Thompson v. StateCourt of Criminal Appeals of Texas · 1985
  3. Hobbs v. StateCourt of Criminal Appeals of Texas · 1977
  4. Schwenk v. StateCourt of Criminal Appeals of Texas · 1987
  5. Majid v. StateCourt of Appeals of Texas · 1986

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