in the Matter of W.A.M.P.

Remanded and Memorandum Opinion and Memorandum Concurring
Opinion filed July 28, 2022.
In The
Fourteenth Court of Appeals
NO. 14-21-00105-CV
IN THE MATTER OF W.A.M.P.
On Appeal from the 315th District Court
Harris County, Texas
Trial Court Cause No. 2020-00197J
MEMORANDUM CONCURRING OPINION
I reluctantly dispose of issue 4 on factual sufficiency in the court’s opinion
because I recognize that current Texas jurisprudence continues to wish Texas
Constitution article V, section 6—the factual conclusivity clause—away in
criminal and quasi-criminal cases. See Tex. Const. art. V, § 6.
While I believe that Brooks v. State is constitutionally unsound, Brooks
remains the controlling case law and this court has followed along in
juvenile-justice cases as well. Brooks, 323 S.W.3d 893 (Tex. Crim. App. 2010).
Hoping that things will not always be this way, I reluctantly concur in the
judgment regarding factual sufficiency.
/s/ Charles A. Spain
Justice
Panel consists of Justices Wise, Spain, and Hassan.
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