CONCURRING OPINION TO DENIAL OF STATE’S MOTION FOR REHEARING WITHOUT WRITTEN OPINION
McCORMICK, Judge.I concur in the majority’s action in remanding this case for a new trial. However, for the reasons set forth in my dissenting opinion in Pierson v. State, 614 S.W.2d 102 (this date decided), I must note that the correct result is reached here for the wrong reasons. As pointed out in Pier-son, this Court has authority to reform the judgment to life imprisonment, but since *420the State has requested to retry appellant and again seek the death penalty, I concur in the reversal and remand.
DALLY, J., joins.