IN THE COURT OF CRIMINAL APPEALS
OF TEXAS

NO. 937-02

 
ROBERT MARVIN WALLACE, Appellant

v.


THE STATE OF TEXAS


ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW
FROM THE SIXTH COURT OF APPEALS
LAMAR COUNTY
 Johnson, J., filed a dissenting opinion.

O P I N I O N



I agree with the Court's analysis of the issues; I disagree only with its disposition. Because I believe that this cause should be remanded to the court of appeals for reconsideration under the correct legal standard, I respectfully dissent.

Johnson, J.

Filed: May 21, 2003

En Banc

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