IN THE
TENTH COURT OF APPEALS
No. 10-05-00125-CR
Lutrill Amos Payne,
Appellant
v.
The State of Texas,
Appellee
From the 54th District Court
McLennan County, Texas
Trial Court No. 2004-944-C
concurring Opinion
I concur in this Court’s judgment only because the State agrees that we should reform the trial court’s judgment. I note, however, that Payne failed to preserve his complaint. See Tex. R. App. P. 33.1(a). The majority’s holding that Payne need not have done so is not in accord with the Texas Court of Criminal Appeals’s recent cases on the preservation of error. See Mendez v. State, 138 S.W.3d 334, 340-42 (Tex. Crim. App. 2004); Marin v. State, 851 S.W.2d 275 (Tex. Crim. App. 1993). The Court of Criminal Appeals has set out the remedy for error in the judgment. See Ex parte Ybarra, 149 S.W.3d 147, 148-49 (Tex. Crim. App. 2004) (per curiam).
TOM GRAY
Chief Justice
Concurring opinion delivered and filed December 14, 2005
Do not publish
[CR25]