Resendez v. State

I am astounded that I should feel impelled to dissent to such an opinion prepared by my brother Douglas. I do, however, feel that the facts before us here are more nearly akin to those before this Court in Flowers v. State, Tex.Cr.App., 415 S.W.2d 178, which was affirmed almost entirely on tracks. Cf. Coston v. State, 162 Tex.Cr.R. 548, 287 S.W.2d 671; Harris v. State, 163 Tex.Cr.R. 519, 294 S.W.2d 123.

I must, therefore, dissent to the reversal of this conviction.