McNac, Calvin Ervin

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

PD-1950--05 CALVIN ERVIN McNAC, Appellant

v.

THE STATE OF TEXAS

ON DISCRETIONARY REVIEW OF CASE 05-04-00492-CR OF THE

FIFTH COURT OF APPEALS

DALLAS COUNTY

Womack, J., filed a dissenting opinion.

I agree that the Court of Appeals' opinion contained some incorrect language on harmless error, as the Court's opinion says in its first six pages. I do not agree that it is "'in the interest of judicial economy'" (ante, at 6) for this Court also to do the harm analysis. The Court's process was to grant review, require the parties to brief the case, deliberate, and deliver an opinion. If we had summarily granted review and remanded the case to the Court of Appeals, it could have corrected its error without rebriefing some months ago. That would have been judicial economy.

Filed: February 14, 2007

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