Legal Opinion
Gary Shane Kinkaid v. State
Texas Court of Appeals, 10th District (Waco)
Decided February 15, 2006No. 10-04-00368-CRPublished
1Opinion of the Court
IN THE
TENTH COURT OF APPEALS
No. 10-04-00368-CR
Gary Shane Kinkaid,
Appellant
v.
The State of Texas,
Appellee
From the 40th District Court
Ellis County, Texas
Trial Court No. 27777CR
Concurring Opinion on petition for
discretionary review
I withdraw my dissenting opinion dated December 14, 2005 and substitute this concurring opinion. What follows is my original dissenting opinion with the modifications necessary to reflect that the majority now overrules Kinkaid’s sole issue regarding the trial court’s deadly weapon finding.
The majority originally failed to distinguish deferred-adjudication community…