OSCAR RENE BENAVIDEZ v. THE STATE OF TEXAS (dissenting)
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IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. PD-1551-09
OSCAR RENE BENAVIDEZ, Appellant
v.
THE STATE OF TEXAS
ON STATE'S PETITION FOR DISCRETIONARY REVIEW
FROM THE THIRTEENTH COURT OF APPEALS
HIDALGO COUNTY
Hervey, J., filed a dissenting opinion in which Keller, P.J., joined.
DISSENTING OPINION
OF TEXAS
NO. PD-1551-09
OSCAR RENE BENAVIDEZ, Appellant
v.
THE STATE OF TEXAS
ON STATE'S PETITION FOR DISCRETIONARY REVIEW
FROM THE THIRTEENTH COURT OF APPEALS
HIDALGO COUNTY
Hervey, J., filed a dissenting opinion in which Keller, P.J., joined.
DISSENTING OPINION
I respectfully dissent. I agree with the Court's decision that "the court of appeals was not justified in ordering the entry of an acquittal." Maj. op. at 6. I also agree with the Court's decision that this case should be remanded to the court of appeals. Maj. op. at 9. I believe that the Court should, however, simply remand this case to the court of appeals for further proceedings not inconsistent with its opinion.
I respectfully dissent.
Hervey, J.
Filed: October 20, 2010
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