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DATE DELIVERED: November 18, 2009 DO NOT PUBLISH

1 93 S.W.3d 269, 276 (Tex. Crim. App. 2003) (Keasler, J., dissenting on reh’g); see also Soffar, 368 F.3d at 487 (Garza J., dissenting) (“As Soffar made no incriminating statements regarding his murder charge during the interrogation [by Bockel], Moulton, by its own terms, is inapplicable).