DAVENPORT, MARC Appeal from 221st District Court of Montgomery County (dissenting by judge yeary)

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IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. PD-0265-18 THE STATE OF TEXAS v. MARC DAVENPORT, Appellee ON APPELLEE’S PETITION FOR DISCRETIONARY REVIEW FROM THE NINTH COURT OF APPEALS MONTGOMERY COUNTY YEARY , J., filed a dissenting opinion. DISSENTING OPINION Today, the Court reverses the court of appeals because a majority of this Court held Section 551.143 of the Texas Government Code—the statute under which Appellee was indicted—to be facially unconstitutional in State v. Doyal, ___S.W.3d___, No. PD-0254-18, 2019 WL 944022 (Tex. Crim. App. Feb. 27, 2019). TEX . GOV ’T CODE § 551.143. I respectfully dissent to the Court’s opinion for the reasons stated in my dissenting opinion in Doyal. 2019 WL 944042, at *22–30. FILED: DO NOT PUBLISH June 19, 2019

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