JOHNSON, WILLIAM Appeal from 184th District Court of Harris County (concurring by judge newell)

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IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. PD-1254-15 WILLIAM JOHNSON, Appellant v. THE STATE OF TEXAS ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW FROM THE FOURTEENTH COURT OF APPEALS HARRIS COUNTY N EWELL, J. filed a concurring opinion. I join this Court’s order reforming the judgment because the court of appeals did not purport to apply the retroactivity discussion in Salinas v. State in this case. Nevertheless, this case provides an example of how applying that retroactivity dicta results in the unequal treatment of defendants on direct appeal. I would grant review in a case in which the issue is properly joined to address this inequality. See Horton v. State, PD-0468-17, (Tex. Crim. App. 2017) (Newell, J., dissenting). Filed: October 4, 2017 Publish

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