IN THE COURT OF CRIMINAL APPEALS

OF TEXAS



NO. 72,556

 
VICTOR HUGO SALDANO, Appellant


v.



THE STATE OF TEXAS



APPEAL FROM COLLIN COUNTY

ON REMAND FROM

THE SUPREME COURT OF THE UNITED STATES

KELLER, P.J., filed a concurring opinion in which KEASLER, HERVEY, and COCHRAN, JJ., joined.

CONCURRING OPINION

The dissenting opinions do a disservice to counsel for appellant, who put forward and ably argued a proposed legal basis for granting relief. The Court's opinion addresses appellant's arguments and explains why they must fail. The dissenters, on the other hand, offer no attempt to defend appellant's actual legal position (or to rebut the Court's rejection of that position), preferring instead to rely upon the persuasive power of catchy phrases. It appears that the dissenters find appellant's legal theory indefensible - their only argument is that it "ought to be" the law. (1)

I join the Court's opinion.

KELLER, P.J.

FILED: March 13, 2002

PUBLISH

1. Saldano v. State,   S.W.3d , (Tex. Crim. App. delivered March 13, 2002)(Price, J., dissenting).