the 339th Judicial District Court of

Harris County

I agree with the judge of the convicting court that the punishment in this case exceeded that which was permitted by the version of Penal Code section 12.35 that was in effect on August 10, 1995, ⁽¹⁾ and that State v. Mancuso, 919 S.W.2d 86 (Tex. Cr. App. 1996), is authority for granting the applicant a new punishment hearing.

I concur in the judgment.

Filed: August 22, 2007

Do not publish.

1. Penal Code Act of 1993, 73rd Leg., R.S., ch. 900, § 1.01, sec. 12.35, 1993 Tex. Gen. Laws 3586, 3603.