CONCURRING OPINION No. 04-08-00806-CR Ricke SONY, Appellant v. The STATE of Texas, Appellee From the County Court at Law No. 4, Bexar County, Texas Trial Court No. 232446 Honorable Fred Shannon, Judge Presiding Opinion by: Marialyn Barnard, Justice Concurring opinion by: Sandee Bryan Marion, Justice Sitting: Sandee Bryan Marion, Justice Rebecca Simmons, Justice Marialyn Barnard, Justice Delivered and Filed: November 11, 2009 I concur in the majority’s judgment; however, for the reasons set forth in my concurring opinion in Urdiales v. State, No. 04-08-00546-CR, 2009 WL 1883932 (Tex. App.—San Antonio July 1, 2009, pet. filed), I urge the Legislature to amend its definition of “race” because the “statutory definition places an ordinary law-abiding person into the position of committing an offense, even if he is otherwise observing the speed limit, simply by using his vehicle to pass another vehicle.”

Id. at *5.

Sandee Bryan Marion, Justice

PUBLISH