Petrit Diko v. State

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 02-15-00099-CR

PETRIT DIKO APPELLANT V.

THE STATE OF TEXAS STATE

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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)