i i i i i i

CONCURRING OPINION No. 04-08-00547-CR Anthony Joseph HERRERA, Appellant v. The STATE of Texas, Appellee From the County Court at Law No.1, Bexar County, Texas Trial Court No. 232454 Honorable Al Alonso, Judge Presiding1 Opinion by: Karen Angelini, Justice Concurring opinion by: Sandee Bryan Marion, Justice Sitting: Karen Angelini, Justice Sandee Bryan Marion, Justice Phylis J. Speedlin, Justice Delivered and Filed: July 29, 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, no pet. h.), I urge the Legislature to amend its definition of “race” because the “statutory

… The Honorable Brenda Chapman presided over the motion to set aside the information. The Honorable Al Alonso signed the judgment.

Concurring Opinion 04-08-00547-CR 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Sandee Bryan Marion, Justice DO NOT PUBLISH

-2-