Opinion issued May 26, 2005

In The

Court of Appeals

For The

First District of Texas

NO. 01-04-00181-CR

DERRICK DUANE JONES, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 263rd District Court

Harris County, Texas

Trial Court Cause No. 906927

CONCURRING OPINION

I join the panel opinion in its discussion of appellant's first, second, and third issues. However, I would overrule appellant's fourth issue on the basis that appellant has failed to demonstrate a probability that, but for any alleged error by his trial counsel, the result of the proceedings would have been different. Strickland v. Washington, 466 U.S. 668, 687, 104 S. Ct. 2052, 2064 (1984); Thompson v. State, 9 S.W.3d 808, 812 (Tex. Crim. App. 1999). Accordingly, I concur in the judgment of the Court.

Terry Jennings

Justice

Panel consists of Justices Nuchia, Jennings, and Alcala.

Justice Jennings, concurring.

Do not publish. Tex. R. App. P. 47.2(b).