concurs.
I would reach the merits of appellant’s second and third points of error and overrule them on the basis of Green v. State, 912 S.W.2d 189 (Tex.Cr.App.1995) (Baird and Overstreet, JJ., concurring). Because the majority does not, I concur in the disposition of points of error two and three, and join the remainder of the opinion.