IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. PD-1613-07

ROBERT WALKER FISCHER, Appellant v. THE STATE OF TEXAS

ON DISCRETIONARY REVIEW OF CASE 04-05-00834-CR OF THE FOURTH COURT OF APPEALS, BEXAR COUNTY

W OMACK, J., filed a concurring opinion, in which M EYERS, J., joined.

It seems to me that evidence of the appellant’s access to the murder weapon was a relevant fact of this offense, and that analyzing it as evidence of an “extraneous offense” is unnecessary. The Court disagrees; see ante at 7 n. 7. Therefore I concur only in its judgment.

Filed October 29, 2008.

Publish.