IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. PD-1551-09

OSCAR RENE BENAVIDEZ, Appellant v. THE STATE OF TEXAS ON STATE’S PETITION FOR DISCRETIONARY REVIEW FROM THE THIRTEENTH COURT OF APPEALS HIDALGO COUNTY HERVEY , J., filed a dissenting opinion in which KELLER , P.J., joined.

DISSENTING OPINION I respectfully dissent. I agree with the Court’s decision that “the court of appeals was not justified in ordering the entry of an acquittal.” Maj. op. at 6. I also agree with the Court’s decision that this case should be remanded to the court of appeals. Maj. op. at 9. I believe that the Court should, however, simply remand this case to the court of appeals for further proceedings not inconsistent with its opinion.

I respectfully dissent.

Hervey, J.

Filed: October 20, 2010 Publish