IN THE TENTH COURT OF APPEALS No. 10-18-00221-CR DARYL JOE, Appellant v. THE STATE OF TEXAS, Appellee

From the 13th District Court Navarro County, Texas Trial Court No. D37693-CR

DISSENTING OPINION ON REMAND I am unable to identify a legally appropriate distinction between the facts and legal analysis in the majority and concurring opinions in Lang v. State, 561 S.W.3d 174 (Tex. Crim. 2018), from the relevant facts and appropriate legal analysis that would, therefore, apply and bind us in this appeal. Applying Lang, we should move to requiring the parties to brief the appropriate remedy. I respectfully dissent.

TOM GRAY Chief Justice Dissenting opinion delivered and filed June 7, 2023