Petrit Diko v. State

Opinion

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH

NO. 02-15-00099-CR

PETRIT DIKO APPELLANT

V.

THE STATE OF TEXAS STATE

----------

FROM THE 211TH DISTRICT COURT OF DENTON COUNTY TRIAL COURT NO. F-2012-0431-C

DISSENTING OPINION

I cannot join the conscientious majority because in order to convict a

defendant of a criminal offense, the jury must unanimously find the defendant

guilty of the same offense beyond a reasonable doubt. The majority appears to

agree with the State’s jury argument stating that unanimity is not required. I must therefore respectfully dissent for the reasons I explained in my dissent to the

majority in Bundy v. State.1

/s/ Lee Ann Dauphinot LEE ANN DAUPHINOT JUSTICE

PUBLISH

DELIVERED: April 14, 2016

280 S.W.3d 425, 436–40 (Tex. App.—Fort Worth 2009, pet. ref’d) 1

(Dauphinot, J., dissenting).