Phillip Warren Roberts v. State

Phillip Warren Roberts v. State IN THE TENTH COURT OF APPEALS No. 10-04-00023-CR PHILLIP WARREN ROBERTS, Appellant v. THE STATE OF TEXAS, Appellee From the 54th District Court McLennan County, Texas Trial Court # 2000-631-C DISSENTING OPINION Until the precedential value of Gray and Emich are established, I note my dissent to the affirmance of the trial court's judgment, which we have not reviewed, when dismissal is the proper disposition of this appeal. See Gray v. State, 10-02-00176-CR, 2004 Tex. App. LEXIS 2603 (Tex. App.—Waco March 17, 2004, no pet. h.)(Gray, C.J., dissenting); Emich v. State, 10-02-00319-CR, 2004 Tex. App. LEXIS 2597 (Tex. App.—Waco March 17, 2004, no pet. h.)(Gray, C.J., dissenting). Interestingly, the majority attempts to bolster its position that affirming the judgment is the proper disposition by citing the 1979 Court of Criminal Appeals opinion, Williams v. State. See Williams v. State, 592 S.W.2d 931 (Tex. Crim. App. 1979). The distinct difference between Williams and this case is that, in Williams, the Court of Criminal Appeals reviewed the record and found no reversible error. Id. at 933. In this case, we did not. Thus, I respectfully dissent. TOM GRAY Chief Justice Dissenting opinion delivered and filed May 26, 2004 Publish