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Ex parte Spies

Court of Appeals For The First District of Texas
Apr 12, 2016
NO. 01-14-00925-CR (Tex. App. Apr. 12, 2016)

Opinion

NO. 01-14-00925-CR

04-12-2016

EX PARTE TERRY LYNN SPIES, Appellant


On Appeal from the 337th District Court Harris County, Texas
Trial Court Case No. 1343443-A

CONCURRING MEMORANDUM OPINION

I join the court's holding that Terry Lynn Spies failed to preserve error on any legal argument that section 33.021(c) of the Texas Penal Code is unconstitutional as applied to him. Not only did Spies fail to present any substantive legal argument to the trial court, he also failed to present an adequate brief including a legal argument to this court. See TEX. R. APP. P. 33.1, 38.1(i).

For precisely that reason, I would not go further to address the merits of the constitutionality of section 33.021(c) by attempting to distinguish it from section 33.021(b) and the holdings in Ex parte Lo, 424 S.W.3d 10 (Tex. Crim. App. 2013), and Ex parte Chance, 439 S.W.3d 918 (Tex. Crim. App. 2014) (mem.). See VanDevender v. Woods, 222 S.W.3d 430, 433 (Tex. 2007) (noting "the cardinal principle of judicial restraint—if it is not necessary to decide more, it is necessary not to decide more").

Michael Massengale

Justice Panel consists of Justices Keyes, Massengale, and Lloyd. Do not publish. TEX. R. APP. P. 47.2(b).


Summaries of

Ex parte Spies

Court of Appeals For The First District of Texas
Apr 12, 2016
NO. 01-14-00925-CR (Tex. App. Apr. 12, 2016)
Case details for

Ex parte Spies

Case Details

Full title:EX PARTE TERRY LYNN SPIES, Appellant

Court:Court of Appeals For The First District of Texas

Date published: Apr 12, 2016

Citations

NO. 01-14-00925-CR (Tex. App. Apr. 12, 2016)