ELIZONDO, JOSE GUADALUPE RODRIGUEZ Appeal from 398TH DISTRICT COURT of Hidalgo County (dissenting by judge yeary)

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IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. PD-1039-14 JOSE GUADALUPE RODRIGUEZ ELIZONDO, Appellant v. THE STATE OF TEXAS ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW FROM THE THIRTEENTH COURT OF APPEALS HIDALGO COUNTY Y EARY, J., filed a dissenting opinion in which K ELLER, P.J., and H ERVEY, J., joined. DISSENTING OPINION I agree with most of what is in the majority opinion and would join it but for its ultimate disposition of the case. I would remand the case for the court of appeals to conduct the harm analysis. FILED: April 6, 2016 PUBLISH

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