Layton, Daniel

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. PD 0408-07 DANIEL LAYTON, Appellant

v.

THE STATE OF TEXAS

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ON DISCRETIONARY REVIEW OF CASE 01-05-00950-CR

OF THE FIRST COURT OF APPEALS,

HARRIS COUNTY

Womack, J., filed a dissenting opinion.

I would hold that the appellant's statements that he had taken Valium and that it was probably not a good idea to have been drinking "on top" of it were admissible. They were not scientific evidence, and the Rule 702 gatekeeping requirements should not exclude them.

I would affirm the judgment of the Court of Appeals.

En Banc.

Delivered: February 4, 2009.

Publish.