DANIEL WILLIAM GRUNDSTROM, Appellant v. THE STATE OF TEXAS, Appellee

Motion for Rehearing Overruled October 17, 1989
Dissenting Opinion on Motion for Rehearing filed October 17, 1989
 
 
S
In The
Court of Appeals
Fifth District of Texas at Dallas
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No. 05-86-00778-CR
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DANIEL WILLIAM GRUNDSTROM, Appellant
V.
THE STATE OF TEXAS, Appellee
 
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On Appeal from the Criminal District Court No. 4
Dallas County, Texas
Trial Court Cause No. F86-97104-TK
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DISSENTING OPINION ON MOTION FOR REHEARING
Before Justices Whitham, Baker and Lagarde
Dissenting Opinion By Justice Whitham
                I respectfully dissent. Pursuant to Rose v. State, 752 S.W.2d 529, 552-55 (Tex. Crim. App. 1988) (opinion on rehearing), the Court of Criminal Appeals remanded for a harm analysis to be conducted under the guidelines of rule 81(b)(2) of the Texas Rules of Appellate Procedure. The Court of Criminal Appeals did not address the issue of whether the evidence is insufficient to support appellant's conviction in that the accomplice testimony was not corroborated. See Grundstrom v. State, 773 S.W.2d 294 (Tex. Crim. App. 1989). In his initial appeal to this court, appellant contended in his first point of error that the evidence is insufficient to support appellant's conviction in that the accomplice testimony was not corroborated. I agree. Therefore, I would sustain appellant's first point of error, reverse the trial court's judgment and render a judgment of acquittal. I would do so for the reasons expressed in my dissent in Grundstrom v. State, 733 S.W.2d 920, 934 (Tex. App.--Dallas 1987), vacated on other grounds and pet. ref'd per curiam, 773 S.W.2d 294 (Tex. Crim. App. 1989).
        I concur in the result reached by the majority in its harm analysis conducted under the guidelines of rule 81(b)(2) of the Texas Rules of Appellate Procedure pursuant to the remand from the Court of Criminal Appeals.
 
                                                          
                                                          WARREN WHITHAM
                                                          JUSTICE
 
Do Not Publish
Tex. R. App. P. 90
 
860788D.U05
 
 
File Date[10-24-89]
File Name[860778FD]