IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. PD–1473–14
WILLIAM BRYAN FINLEY, III, Appellant
v.
THE STATE OF TEXAS
ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW
FROM THE THIRD COURT OF APPEALS
WILLIAMSON COUNTY
M EYERS, J., filed a dissenting opinion.
DISSENTING OPINION
In Dobbs v. State, 434 S.W.3d 166 (Tex. Crim. App. 2014), the majority concluded
that the defendant’s actions of displaying a gun, refusing to put the gun down, and
threatening to shoot himself did not constitute “force against” a peace officer within the
meaning of Texas Penal Code §38.03. I dissented in that case because I felt that the
defendant exerted force in opposition to the officers in the form of power, violence, and
Finley dissent–Page 2
pressure against them, and that his actions were a clear threat to the officers. The
majority now says that “pulling away from the officers satisfies the physical in opposition
or hostility to the police officers requirement” and concludes that the Appellant in this
case “used force against the officers by pulling against the officers’ force.” I am having a
hard time understanding how brandishing a weapon in the presence of multiple police
officers and threatening to shoot yourself if the officers attempt to arrest you–a situation
that could result in the death or serious injury of multiple people–is not using force
against an officer but holding your arms in front of you is.
Because I would hold that Appellant’s conduct here was not sufficient to constitute
force against an officer under Texas Penal Code §38.03, I respectfully dissent.
Filed: February 24, 2016
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