IN THE TENTH COURT OF APPEALS No. 10-18-00206-CR MICHELLE SHIRCLIFF, Appellant v. THE STATE OF TEXAS, Appellee

From the 19th District Court McLennan County, Texas Trial Court No. 2015-1821-C1

CONCURRING OPINION In the appropriate circumstances, the result is all that matters. In other circumstances, the result is less important than the process. Process versus result—Bing it. We should apply Smith, not reverse it. See Smith v. State, 10-19-00134-CR, 2021 Tex. App. LEXIS 7282 (Tex. App.—Waco Aug. 31, 2021, pet. ref’d) (not designated for publication). Appellant’s brief is a merits brief. See Cummins v. State, 646 S.W.3d 605 (Tex. App.—Waco 2022, pet. filed).

The Court’s ultimate result, as expressed in the judgment, is the correct result in this proceeding. I concur in the Court’s judgment. But only the Judgment. This is not why we are here, and that makes me sad, like the Melody that won the 1987 Oscar. I believe that the appellate geeks will understand.

TOM GRAY Chief Justice Concurring opinion delivered and filed September 21, 2022 Publish

Shircliff v. State Page 2