IN THE COURT OF CRIMINAL APPEALS
OF TEXAS


NO. 74,359

 

JOSE ALFREDO RIVERA, Appellant
 
 

v.



THE STATE OF TEXAS


ON DIRECT APPEAL
FROM CAMERON COUNTY

Hervey, J., filed a concurring opinion in which Price, Johnson and Keasler, JJ., joined.



CONCURRING OPINION



I do not read Chapter 64 as prohibiting a convicting court from exercising its discretion to conduct an evidentiary hearing with live witnesses for the purpose of resolving issues under Article 64.03, Texas Code Of Criminal Procedure. With these comments, I join the Court's opinion.

Hervey, J.

Filed: November 6, 2002

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