Edic, Kevin Vance

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. PD-0623-11 KEVIN VANCE EDIC, Appellant

v.

THE STATE OF TEXAS

ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

FROM THE FIFTH COURT OF APPEALS

DALLAS COUNTY

Meyers, J., filed a dissenting statement.

DISSENTING STATEMENT

I would grant Appellant's petition for discretionary review and affirm the court of appeals. While I agree with the decision of the court of appeals, I do not feel that the issue raised by Appellant was fully addressed in the opinion. We have determined that a threat under the retaliation statute can be communicated to the person being threatened through a third party, however, we have never considered whether the complainant must have knowledge of the threat. Because this is an issue we should deliberate, I respectfully dissent to the Court's decision to refuse Appellant's petition for discretionary review.

Meyers, J.

Filed: August 24, 2011

Publish