Soffar, Max Alexander

IN THE COURT OF CRIMINAL APPEALS OF TEXAS AP-75,363

MAX ALEXANDER SOFFAR, Appellant v. THE STATE OF TEXAS ON DIRECT APPEAL FROM CAUSE NO. 319724 IN THE 232ND DISTRICT COURT HARRIS COUNTY

K EASLER, J., filed a concurring opinion in which H ERVEY, J., joined.

CONCURRING OPINION I join the Court’s opinion with the exception of point of error twenty-seven.

Consistent with my dissenting opinion to the Court’s decision to improvidently grant rehearing in Thompson v. State, I would hold that there was no error under Maine v. SOFFAR CONCURRING OPINION—2 Moulton.1 I further urge the majority of the Court to reconsider its understanding of this case and other Supreme Court precedent.

DATE DELIVERED: November 18, 2009 DO NOT PUBLISH