Lopez v. State

BAIRD, J.,

concurs with note. I join the opinion of the Court but note that I am sympathetic to the concerns expressed by Judge Keller in part II of her concurring and dissenting opinion. Post, 928 S.W.2d at 531. Indeed, I have previously expressed those same concerns. Saenz v. State, 843 S.W.2d 24, 30 (Tex.Cr.App.1992) (Baird, J., concurring and dissenting); and, Abdnor v. State, 808 S.W.2d 476, 478 (Tex.Cr.App.1991) (Baird, J., concurring and dissenting). However, my arguments did not carry the day and it is now the strict policy of this Court to have the court of appeals conduct a harm analysis in the first instance. See, Washington v. State, 856 S.W.2d 184, 191 (Tex.Cr. App.1993) (Meyers, J., concurring); and, Saenz, 843 S.W.2d at 29 (Clinton, J., concurring).