Court of Criminal Appeals of Texas September 14, 2011, AP-76,020 (Lucio, Melissa Elizabeth)

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-76,020

MELISSA ELIZABETH LUCIO, Appellant

v.

THE STATE OF TEXAS

ON DIRECT APPEAL

FROM CAMERON COUNTY

C OCHRAN, J., filed a concurring opinion in which J OHNSON, J., joined.

OPINION

I join the majority opinion and write separately only to further explain how the

reasoning in this case is consistent with our prior opinion, Berry v. State.