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ABBOTT v. STATE

No. 10-07-00295-CR.

278 S.W.3d 929 (2009)

Johnny Ray ABBOTT, Appellant v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Waco.

April 8, 2009.

Attorney(s) appearing for the Case

Gary A. Udashen, Sorrels Udashen & Anton, Dallas, TX, for Appellant/Relator.

Joe F. Gubbs, Ellis County District Attorney, Waxahachie, TX, for Appellee/Respondent.

CONCURRENCE

TOM GRAY, Chief Justice.

I agree with almost everything stated in the dissenting opinion. The problem with the analysis in the dissenting opinion, and why I cannot join in the procedure it advocates, is that it simply stops short of the relevant rule. In this proceeding, this Court's original opinion, Abbott v. State, 245 S.W.3d 19, 22 (Tex.App.-Waco 2007) to which I dissented, was reversed by the Court...

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