Daryl Joe v. the State of Texas

IN THE
TENTH COURT OF APPEALS

No. 10-18-00221-CR

DARYL JOE,
Appellant
v.

THE STATE OF TEXAS,
Appellee

From the 13th District Court
Navarro County, Texas
Trial Court No. D37693-CR

DISSENTING OPINION ON REMAND

I am unable to identify a legally appropriate distinction between the facts and legal

analysis in the majority and concurring opinions in Lang v. State, 561 S.W.3d 174 (Tex.

Crim. 2018), from the relevant facts and appropriate legal analysis that would, therefore,

apply and bind us in this appeal. Applying Lang, we should move to requiring the parties

to brief the appropriate remedy. I respectfully dissent.

TOM GRAY
Chief Justice

Dissenting opinion delivered and filed June 7, 2023