Affirmed; Opinion of July 13, 2004, Withdrawn; and Substituted Majority and Concurring Opinions filed November 2, 2004.
In The
Fourteenth Court of Appeals
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NO. 14-03-00893-CR
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RAMON OBDULIO DOMINGUEZ, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 178th District Court
Harris County, Texas
Trial Court Cause No. 932,863
S U B S T I T U T E D C O N C U R R I N G O P I N I O N
I fully join in the majority opinion except for one point discussed in connection with appellant=s first issue. The majority holds that appellant=s counsel did not object specifically enough the first time the prosecutor used the word Amurdered.@ I disagree that counsel failed to state the reasons for his objection. Rather it appears to me that counsel=s objection was overruled before he had the opportunity to state his reasons for objecting. I would hold only that counsel failed to preserve error because an objection was not lodged each time the prosecutor used the word Amurder.@
/s/ Wanda McKee Fowler
Justice
Judgment rendered and Majority and Concurring Opinions filed November 2, 2004.
Panel consists of Justices Fowler, Edelman, and Seymore. (Edelman, J., majority.)
Do Not Publish C Tex. R. App. P. 47.2(b).