Court of Criminal Appeals of Texas October 20, 2010, PD-1551-09 (Benavides, Oscar Rene)

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. PD-1551-09

OSCAR RENE BENAVIDEZ, Appellant

v.

THE STATE OF TEXAS

ON STATE’S PETITION FOR DISCRETIONARY REVIEW

FROM THE THIRTEENTH COURT OF APPEALS

HIDALGO COUNTY

P RICE, J., delivered the opinion of the Court in which M EYERS, W OMACK,

J OHNSON, K EASLER, H OLCOMB and C OCHRAN, JJ., joined. H ERVEY, J., filed a

dissenting opinion in which K ELLER, P.J.