COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02-12-00147-CR

ANDREW STEPHEN PEREZ APPELLANT V. THE STATE OF TEXAS STATE

---------- FROM CRIMINAL DISTRICT COURT NO. 2 OF TARRANT COUNTY ---------- CONCURRING MEMORANDUM OPINION1 ---------- Because the majority opinion does not address appellant’s two remaining issues, I concur.

When a case is reversed, we are required only to address those issues that are dispositive. See Tex. R. App. P. 47.1. However, when a case is remanded, potentially for a new trial, we are to address those issues likely to recur if appellant is retried for the same offense. Davis v. State, 144 S.W.3d 192, See Tex. R. App. P. 47.4.

201 (Tex. App.—Fort Worth 2004, pet. ref’d) (op. on reh’g). Because the majority does not address these two issues, I concur in the opinion, but join in the result and judgment.

TERRIE LIVINGSTON CHIEF JUSTICE DO NOT PUBLISH Tex. R. App. P. 47.2(b) DELIVERED: April 25, 2013