IN THE COURT OF CRIMINAL APPEALS OF TEXAS PD-1539-07

ROBERT HUFFMAN, Appellant v. THE STATE OF TEXAS

ON DISCRETIONARY REVIEW OF CASE 04-06-00126-CR OF THE FOURTH COURT OF APPEALS BEXAR COUNTY

W OMACK, J., filed a concurring opinion.

I agree with the observation in Judge Meyers’s opinion (ante) that the court’s charge to the jury presented theories of liability that were not raised by the evidence, and with Judge Cochran’s opinion (post) that there was only one offense and that a charge in the disjunctive could be proper. Therefore I concur in the judgment of the Court.

Filed: October 1, 2008 Publish.