Jack Poss v. State

CourtCourt of Appeals of Texas
DecidedJune 6, 2013
Docket02-12-00010-CR
StatusPublished

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Jack Poss v. State, (Tex. Ct. App. 2013).

Opinion

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH

NO. 02-12-00010-CR

JACK POSS APPELLANT

V.

THE STATE OF TEXAS STATE

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FROM THE 211TH DISTRICT COURT OF DENTON COUNTY

CONCURRING AND DISSENTING MEMORANDUM OPINION1

I agree with the majority’s holding that the trial court did not abuse its

discretion by adjudicating Appellant’s guilt. But for the reasons stated in my

concurrence to the majority opinion in Laboriel-Guity v. State2 and in my

1 See Tex. R. App. P. 47.4. 2 336 S.W.3d 754, 757–59 (Tex. App.—Fort Worth 2011, pet. ref’d) (Dauphinot, J., concurring). concurring and dissenting opinions to the majority opinions in Means v. State3

and Kim v. State,4 I dissent from the majority’s holding that Appellant forfeited his

excessive punishment complaint by not raising it in the trial court.

LEE ANN DAUPHINOT JUSTICE

DO NOT PUBLISH Tex. R. App. P. 47.2.(b)

DELIVERED: June 6, 2013

3 347 S.W.3d 873, 875–76 (Tex. App.—Fort Worth 2011, no pet.) (Dauphinot, J., concurring and dissenting). 4 283 S.W.3d 473, 476–79 (Tex. App.—Fort Worth 2009, pet. ref’d) (Dauphinot, J., concurring and dissenting).

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Related

Kim v. State
283 S.W.3d 473 (Court of Appeals of Texas, 2009)
Laboriel-Guity v. State
336 S.W.3d 754 (Court of Appeals of Texas, 2011)
Means v. State
347 S.W.3d 873 (Court of Appeals of Texas, 2011)

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