Hernandez, Ex Parte Frank Garcia Jr.

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IN THE COURT OF CRIMINAL APPEALS

OF TEXAS



NO. AP-75,933

EX PARTE FRANK GARCIA HERNANDEZ, JR., Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

IN CAUSE NO. 22048-02-A IN THE 47TH DISTRICT COURT

POTTER COUNTY

Keasler, J., filed a concurring opinion.

CONCURRING OPINION





I join the Court's opinion, but write separately to note that today's opinion is entirely consistent with our decision in Ex parte Foster, (1) which was issued in May 2007.



FILED: January 28, 2009

PUBLISH

1. Nos. WR-36,242-02 & -03 (Tex. Crim. App. May 9, 2007) (per curiam) (not designated for publication).