Daniel Grissom v. The State of Texas Appeal from 137th District Court of Lubbock County (concurring)

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In The Court of Appeals Seventh District of Texas at Amarillo No. 07-15-00333-CR DANIEL GRISSOM, APPELLANT V. THE STATE OF TEXAS, APPELLEE On Appeal from the 137th District Court Lubbock County, Texas Trial Court No. 2012-434,721, Honorable John J. McClendon III, Presiding May 15, 2017 CONCURRING OPINION Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ. I concur in the opinion and judgment of the majority but make one further observation. The majority indicates that appellant raised new issues in his reply brief. I would overrule them because new issues cannot be raised in a reply brief without leave of the court. Yammine v. HDH Fin., LLC, No. 07-14-00169-CV, 2015 Tex. App. LEXIS 5994, at *8 n.1 (Tex. App.—Amarillo June 12, 2015 pet. denied) (mem. op.). My review of the record found no such leave being afforded appellant. I would laud, though, appellant’s inclusion of his case citation in the body of his argument. That facilitates my reading and comprehension of the briefs. Brian Quinn Chief Justice Do not publish. 2

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