concurring with the following note: I am sympathetic to the views expressed in Judge Overstreet’s well reasoned dissent. Post, 934 S.W.2d at 131 (Overstreet, J., dissenting). However, for the reasons stated in Smith v. State, 898 S.W.2d 838, 856 (Tex.Crim.App.1995) (Baird, J., concurring), and because the Supreme Court has not revisited its opinion in Simmons v. South Carolina, 512 U.S. 154, 114 S.Ct. 2187, 129 L.Ed.2d 133 (1994), I am constrained to join only the judgment of the Court.
MALONEY and MEYERS, JJ., concur in the result.