IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. PD-0573-17

BENNIE J. TARRANT, III, Appellant

v.

THE STATE OF TEXAS ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

FROM THE SECOND COURT OF APPEALS

TARRANT COUNTY

N EWELL, J. filed a dissenting opinion in which R ICHARDSON, J. joined.

I would grant review for the reasons stated in my opinion dissenting to the refusal of discretionary review in Horton v. State, ___ S.W.3d ___, 2017 WL 4399159 (Tex. Crim. App. Oct. 4, 2017) (Newell, J., dissenting). Filed: October 18, 2017 Do Not Publish