Court of Criminal Appeals of Texas July 1, 2009, PD-1340-08 (Moore, Jonathan James)

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. PD-1340-08

JONATHAN JAMES MOORE, Appellant

v.

THE STATE OF TEXAS

ON STATE’S PETITION FOR DISCRETIONARY REVIEW

FROM THE SECOND COURT OF APPEALS

MONTAGUE COUNTY

J OHNSON, J., delivered the opinion of the Court, in which K ELLER, P.J.,

K EASLER, H OLCOMB, and C OCHRAN, JJ., joined. P RICE and W OMACK, JJ., concurred.

M EYERS and H ERVEY, JJ., dissented.