Reece v. State

SEARS, Justice,

concurring.

I concur in the result only.

While I find no reversible error, I cannot agree that the State did not violate Tex.R. CRIM.Evid. 106 and Tex.R.CRIM.Evid. 107. Every rule of fundamental fairness and justice was violated and the court did nothing to correct it. The alteration of the confession was the most outrageous abuse of prosecutorial power I have ever seen. I cannot be a party to finding such behavior acceptable.

The State abandoned the murder charge; therefore, the prosecutor used the alteration for the sole purpose of prejudicing and inflaming the jury. Criminal jurisprudence in Texas cannot be a game of “how much can the state get away with.” I will not add my name to an opinion that does not find error in such deplorable, premeditated, prosecutorial misconduct.