Butcher, Charles E. Ii

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. PD-1662-13 CHARLES E. BUTCHER, II, Appellant v. THE STATE OF TEXAS ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW FROM THE ELEVENTH COURT OF APPEALS TRAVIS COUNTY N EWELL, J., filed a concurring opinion. OPINION I join the majority opinion, but I write separately to address my concern that too much focus upon the need to preserve the incentive nature of the statute obscures the determination of whether a particular location is “safe.” As both the majority and the dissenting opinions demonstrate, it is exceedingly difficult to come up with a…