State v. Frank Empey
This text of State v. Frank Empey (State v. Frank Empey) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH
NO. 02-14-00407-CR
THE STATE OF TEXAS STATE
V.
FRANK EMPEY APPELLEE
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FROM 271ST DISTRICT COURT OF WISE COUNTY TRIAL COURT NO. CR17613
CONCURRING OPINION
Because I agree that Appellee has not established that the statute always
operates unconstitutionally—the standard that the court of criminal appeals has
directed us to apply with regard to facially unconstitutional challenges like the
one presented here—I join with Chief Justice Livingston’s opinion in both
reasoning and result. I write separately only to express that while I share the
concerns regarding the statute raised by the trial court in its findings of fact and conclusions of law and by Justice Dauphinot in her dissenting opinion, I believe
that the facts and arguments in this case do not present an opportunity to
address the concerns raised.
/s/ Bonnie Sudderth
BONNIE SUDDERTH JUSTICE
PUBLISH
DELIVERED: August 4, 2016
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