KEVIN VANCE EDIC v. THE STATE OF TEXAS (2011)

Court of Criminal Appeals of Texas.

KEVIN VANCE EDIC, Appellant v. THE STATE OF TEXAS

NO. PD–0623–11

Decided: August 24, 2011

ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

FROM THE FIFTH COURT OF APPEALS DALLAS COUNTY DISSENTING STATEMENT

I would grant Appellant's petition for discretionary review and affirm the court of appeals. While I agree with the decision of the court of appeals, I do not feel that the issue raised by Appellant was fully addressed in the opinion. We have determined that a threat under the retaliation statute can be communicated to the person being threatened through a third party, however, we have never considered whether the complainant must have knowledge of the threat. Because this is an issue we should deliberate, I respectfully dissent to the Court's decision to refuse Appellant's petition for discretionary review.

Meyers, J.

Meyers, J., filed a dissenting statement.

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