Court of Criminal Appeals of Texas April 21, 2004, AP-74,228 (Smith, Ex Parte Laroyce Lathair)

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. 74,228 EX PARTE LAROYCE LATHAIR SMITH, Applicant ON APPLICATION FOR A WRIT OF HABEAS CORPUS FROM DALLAS COUNTY Hervey, J., filed a concurring opinion in which Keasler, J., joined. CONCURRING OPINION I join Parts II.A. and II.B. of the Court's opinion.