COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02-12-00010-CR JACK POSS APPELLANT V. THE STATE OF TEXAS STATE

---------- FROM THE 211TH DISTRICT COURT OF DENTON COUNTY ---------- CONCURRING AND DISSENTING MEMORANDUM OPINION1 ---------- I agree with the majority’s holding that the trial court did not abuse its discretion by adjudicating Appellant’s guilt. But for the reasons stated in my concurrence to the majority opinion in Laboriel-Guity v. State2 and in my

See Tex. R. App. P. 47.4. 336 S.W.3d 754, 757–59 (Tex. App.—Fort Worth 2011, pet. ref’d) (Dauphinot, J., concurring). concurring and dissenting opinions to the majority opinions in Means v. State3 and Kim v. State,4 I dissent from the majority’s holding that Appellant forfeited his excessive punishment complaint by not raising it in the trial court.

LEE ANN DAUPHINOT JUSTICE DO NOT PUBLISH Tex. R. App. P. 47.2.(b) DELIVERED: June 6, 2013

347 S.W.3d 873, 875–76 (Tex. App.—Fort Worth 2011, no pet.) (Dauphinot, J., concurring and dissenting). 283 S.W.3d 473, 476–79 (Tex. App.—Fort Worth 2009, pet. ref’d) (Dauphinot, J., concurring and dissenting).