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Filed: October 18, 2017 Do Not Publish