IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

PD-1205-08

THE STATE OF TEXAS

v.

ROBERT LEAHY POWELL, Appellee

ON DISCRETIONARY REVIEW OF CASE 02-05-00477-CR

OF THE SECOND COURT OF APPEALS,

TARRANT COUNTY

I join the judgment of the Court and its opinion, except for Part II. For the reasons stated in the penultimate paragraph of Judge Price's opinion, I would not reach the issue of the applicability of the exclusionary rule.

Filed: March 3, 2010.

Publish.