Concurring opinion issued July 1, 2010

In The

Court of Appeals

For The

First District of Texas

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NO. 01-09-00303-CR

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Norman Ray Baynes, Appellant

V.

The State of Texas, Appellee

On Appeal from the 178th District Court

Harris County, Texas

CONCURRING MEMORANDUM  OPINION

          I join the majority opinion and judgment and concur for the reasons set forth in my concurring opinion of October 22, 2009, in Marshall v. State, No. 01-08-00734-CR, 2009 WL 3400977, at *4 (Tex. App.—Houston [1st Dist.] Oct. 22, 2009, pet. ref’d) (Sharp, J., concurring).

                                                                   Jim Sharp

                                                                   Justice

Panel consists of Chief Justice Radack and Justices Bland and Sharp.  Justice Sharp, concurring.

Do not publish.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