In the Matter of W.A.M.P. Appeal from 315th District Court of Harris County (concurring memorandum opinion)

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Remanded and Memorandum Opinion and Memorandum Concurring Opinion filed July 28, 2022. In The Fourteenth Court of Appeals NO. 14-21-00105-CV IN THE MATTER OF W.A.M.P. On Appeal from the 315th District Court Harris County, Texas Trial Court Cause No. 2020-00197J MEMORANDUM CONCURRING OPINION I reluctantly dispose of issue 4 on factual sufficiency in the court’s opinion because I recognize that current Texas jurisprudence continues to wish Texas Constitution article V, section 6—the factual conclusivity clause—away in criminal and quasi-criminal cases. See Tex. Const. art. V, § 6. While I believe that Brooks v. State is constitutionally unsound, Brooks remains the controlling case law and this court has followed along in juvenile-justice cases as well. Brooks, 323 S.W.3d 893 (Tex. Crim. App. 2010). Hoping that things will not always be this way, I reluctantly concur in the judgment regarding factual sufficiency. /s/ Charles A. Spain Justice Panel consists of Justices Wise, Spain, and Hassan. 2

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