Court of Criminal Appeals of Texas May 6, 2009, AP-75,479 (Smith, Demetrius Dewayne)

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,479

DEMETRIUS DEWAYNE SMITH, Appellant

v.

THE STATE OF TEXAS

ON DIRECT APPEAL

FROM CAUSE NO. 1021168 IN THE 183RD DISTRICT COURT

HARRIS COUNTY

K EASLER, J., filed a concurring opinion.

CONCURRING OPINION

I join the Court’s opinion with the exception of its resolution of points of error

eighteen and nineteen.