IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. AP-76,923 RICKEY DONNELL CUMMINGS, Appellant v. THE STATE OF TEXAS ON DIRECT APPEAL FROM CAUSE NO. 2011-1315-C1 IN THE 19 TH DISTRICT COURT McLENNAN COUNTY P RICE, J., filed an opinion concurring in part and dissenting in part.

CONCURRING AND DISSENTING OPINION I concur in the Court’s judgment affirming the appellant’s conviction for capital murder. But, for reasons developed in my dissenting statement in Ex parte Panetti,1 I dissent to the Court’s judgment upholding the appellant’s sentence of death.

FILED: December 17, 2014 DO NOT PUBLISH

Ex parte Panetti, ___ S.W.3d ___, No. WR-37,145-04, 2014 Tex. Crim. App. LEXIS 1074, at *2-9 (Tex. Crim. App. Nov. 26, 2014) (Price, J., dissenting).