Jack Poss v. State ( 2013 )

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-12-00010-CR
JACK POSS APPELLANT
V.
THE STATE OF TEXAS STATE
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FROM THE 211TH DISTRICT COURT OF DENTON COUNTY
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CONCURRING AND DISSENTING MEMORANDUM OPINION1
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I agree with the majority’s holding that the trial court did not abuse its
discretion by adjudicating Appellant’s guilt. But for the reasons stated in my
concurrence to the majority opinion in Laboriel-Guity v. State2 and in my
1
See Tex. R. App. P. 47.4.
2
336 S.W.3d 754, 757–59 (Tex. App.—Fort Worth 2011, pet. ref’d)
(Dauphinot, J., concurring).
concurring and dissenting opinions to the majority opinions in Means v. State3
and Kim v. State,4 I dissent from the majority’s holding that Appellant forfeited his
excessive punishment complaint by not raising it in the trial court.
LEE ANN DAUPHINOT
JUSTICE
DO NOT PUBLISH
Tex. R. App. P. 47.2.(b)
DELIVERED: June 6, 2013
3
347 S.W.3d 873, 875–76 (Tex. App.—Fort Worth 2011, no pet.)
(Dauphinot, J., concurring and dissenting).
4
283 S.W.3d 473, 476–79 (Tex. App.—Fort Worth 2009, pet. ref’d)
(Dauphinot, J., concurring and dissenting).
2