COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02-15-00099-CR

PETRIT DIKO APPELLANT V. THE STATE OF TEXAS STATE

---------- FROM THE 211TH DISTRICT COURT OF DENTON COUNTY TRIAL COURT NO. F-2012-0431-C DISSENTING OPINION ---------- I cannot join the conscientious majority because in order to convict a defendant of a criminal offense, the jury must unanimously find the defendant guilty of the same offense beyond a reasonable doubt. The majority appears to agree with the State’s jury argument stating that unanimity is not required. I must therefore respectfully dissent for the reasons I explained in my dissent to the majority in Bundy v. State.1

/s/ Lee Ann Dauphinot LEE ANN DAUPHINOT JUSTICE PUBLISH DELIVERED: April 14, 2016

280 S.W.3d 425, 436–40 (Tex. App.—Fort Worth 2009, pet. ref’d) (Dauphinot, J., dissenting).