Pablo Rodriguez v. The State of Texas--Appeal from 25th Judicial District Court of Guadalupe County

99-00722 Rodriguez v State of Texas dissent.wpd CONCURRING AND DISSENTING OPINION
No. 04-99-00722-CR
Pablo RODRIGUEZ,
Appellant
v.
The STATE of Texas,
Appellee
From the 25th Judicial District Court, Guadalupe County, Texas
Trial Court No. 99-0084-CR
Honorable Dwight E. Peschel, Judge Presiding

Opinion by: Tom Rickhoff, Justice

Dissenting opinion by: Sarah B. Duncan, Justice

Sitting: Phil Hardberger, Chief Justice

Tom Rickhoff, Justice

Sarah B. Duncan, Justice

Delivered and Filed: September 27, 2000

I concur in the court's judgment affirming the conviction but not in its reversal of the punishment assessed. In my view, the 1991 conviction was used as a predicate to the admissibility of the 1986 and 1987 convictions; it was not used to enhance the level of offense.

Sarah B. Duncan, Justice

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