Court of Criminal Appeals of Texas April 25, 2007, PD-0786-06 (Amador, Justin)

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. PD-0786-06 JUSTIN AMADOR, Appellant v. THE STATE OF TEXAS ON APPELLANT=S PETITION FOR DISCRETIONARY REVIEW FROM THE NINTH COURT OF APPEALS MONTGOMERY COUNTY Hervey, J., filed a dissenting opinion in which Keller, P.J., and Keasler, J., joined. DISSENTING OPINION I respectfully dissent. I would decide that appellant had the burden under Rule 34.