Opinion filed March 31, 2014

In The

Eleventh Court of Appeals __________ No. 11-12-00090-CR __________ WILLIAM EARL STIRMAN, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 238th District Court Midland County, Texas Trial Court Cause No. CR38912

CONCURRING MEMORANDUM OPINION I concur with the majority in its result, but disagree with its reasoning on the admission of some of David Newman’s testimony. Newman was neither offered nor qualified as a biomechanical expert or forensic pathologist. I would find that he was not qualified to give an opinion on the victim’s movements prior to and after the shooting. However, Appellant suffered no harm with the admission of this evidence in light of other evidence adduced.

MIKE WILLSON JUSTICE

March 31, 2014 Do not publish. See TEX. R. APP. P. 47.2(b).

Panel consists of: Wright, C.J., Willson, J., and Bailey, J.