Alonzo v. State

158 S.W.3d 515, 2005 Tex. Crim. App. LEXIS 455, 2005 WL 600334

Opinions

OPINION

HERVEY, J.,

delivered the opinion of the Court in which

MEYERS, PRICE, WOMACK, JOHNSON, KEASLER, HOLCOMB, and COCHRAN, J.J., join.

Appellant was convicted of capital murder and sentenced to life imprisonment. The Court of Appeals reversed and remanded for a new trial after deciding that the trial court erroneously excluded defensive evidence. Alonzo v. State, 67 S.W.3d 346, 355-62 (Tex.App.-Waco 2001). We granted the State’s petition for discretionary review to review this decision. After reviewing the parties’ briefs and the relevant portions of the record, we conclude that our decision to grant the petition was improvident. Accordingly, we dismiss the State’s petition for discretionary review. See Tex.R.App. 69.3.

KELLER, P.J., filed a dissenting opinion.