Dowthitt v. State

BAIRD, J.,

concurs with a note: The seventh point of error contends the oral and written statements were the product of an illegal arrest and the majority agrees. Ante, 931 S.W.2d at 261. The majority then holds the taint of the illegality was sufficiently attenuated. Ante, 931 S.W.2d at 263. I disagree for the reasons stated in Bell v. State, 724 S.W.2d 780 (Tex.Cr.App.1986). Nevertheless, I would find the error harmless for the reasons stated in Boyle v. State, 820 S.W.2d 122, 149 (Tex.Cr.App.1989) (Op’n *268on Reh’g)(Baird, Overstreet and Maloney, JJ., concurring). For these reasons, I join only the judgment of the Court.