Because I agree with the principle that appellate courts should give the parties notice of, and an opportunity to brief, issues that no party has raised on appeal, ⁽¹⁾ I join the judgment of the Court.

I also agree with the principle that courts should avoid the decision of constitutional issues that are not necessary to the resolution of cases. But, because I do not agree with the Court's discussion of the relationship of that principle to the former principle (ante at Part II), I do not join the opinion of the Court.

Filed April 26, 2006.

Publish.

1. See Montanez v. State, --- S.W.3d ---, --- (Tex. Cr. App., PD-894-04, decided today) (Womack, J., dissenting).