Shantacus Carta Clark v. The State of Texas--Appeal from 89th District Court of Wichita County

IN THE

TENTH COURT OF APPEALS

No. 10-06-00185-CR

Shantacus Carta Clark,

Appellant

v.

The State of Texas,

Appellee

From the 89th District Court

Wichita County, Texas

Trial Court No. 42,859-C

CONCURRING Opinion

In Villanueva v. State, 209 S.W.3d 239 (Tex. App. Waco 2006, no pet.), the majority made many of the same mistakes which are repeated in their opinion in this case. I explained my disagreement with their procedure in my concurring opinion in that proceeding. Id. at 249-252 (Gray, C.J., concurring). For the same reasons, I concur only in the judgment in this proceeding.[1]

TOM GRAY

Chief Justice

Concurring opinion delivered and filed August 15, 2007

[1] Also, Mr. Clark, while the majority purports to have you instructed of your right to file a pro se petition for discretionary review, this is not accurate. An attorney can also file one on your behalf, but you are not entitled to have counsel appointed to file one for you to be paid for with State or county funds.