Court of Criminal Appeals of Texas April 26, 2006, PD-0966-05 (Pena, Jose Luis)

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. PD-0966-05 JOSE PENA, Appellant v. THE STATE OF TEXAS ON STATE'S PETITION FOR DISCRETIONARY REVIEW FROM THE TENTH COURT OF APPEALS LEON COUNTY Keller, P.J., delivered the opinion of the Court in which PRICE, JOHNSON, HOLCOMB, and COCHRAN, JJ., joined. WOMACK, J., filed a concurring opinion. MEYERS, J., filed a dissenting opinion. HERVEY, J.