FROM CAUSE NO. 319724 IN THE 232ND DISTRICT COURT

Keasler, J., filed a concurring opinion in which Hervey, 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. 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DO NOT PUBLISH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).