McKenna v. State

The errors in the majority opinion are not as obvious, but the analysis of the second issue is wrong for all the reasons expressed in my dissenting opinion in McKenna v. State, 209 S.W.3d 233 (Tex.App.-Waco 2006, pet. filed). For those reasons, I cannot join the majority opinion in its discussion or analysis under the section “Bill of Review.” The majority’s errors in this appeal, however, did not prevent it from reaching the correct result. I too would affirm the trial court’s judgment and, therefore, concur in this Court’s judgment.