IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. PD 0408-07

DANIEL LAYTON, Appellant v. THE STATE OF TEXAS ON DISCRETIONARY REVIEW OF CASE 01-05-00950-CR OF THE FIRST COURT OF APPEALS, HARRIS COUNTY

WOMACK , J., filed a dissenting opinion.

I would hold that the appellant’s statements that he had taken Valium and that it was probably not a good idea to have been drinking “on top” of it were admissible. They were not scientific evidence, and the Rule 702 gatekeeping requirements should not exclude them.

I would affirm the judgment of the Court of Appeals.

En Banc.

Delivered: February 4, 2009.

Publish.