Pena, Jose Luis

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

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PD-0966-05

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JOSE PENA, Appellant

v.

THE STATE OF TEXAS

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On Discretionary Review from

the Tenth Court of Appeals

Leon County

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Womack, J., filed a concurring opinion.

Because I agree with the principle that appellate courts should give the parties notice of, and an opportunity to brief, issues that no party has raised on appeal, ⁽¹⁾ I join the judgment of the Court.

I also agree with the principle that courts should avoid the decision of constitutional issues that are not necessary to the resolution of cases. But, because I do not agree with the Court's discussion of the relationship of that principle to the former principle (ante at Part II), I do not join the opinion of the Court.

Filed April 26, 2006.

Publish.

1.

See Montanez v. State, --- S.W.3d ---, --- (Tex. Cr. App., PD-894-04, decided today) (Womack, J., dissenting).