¶1concurring.
¶2Although the majority has decided this case as it must based on the Texas Court of Criminal Appeals’ holding in Lopez v. State, 18 S.W.3d 220 (Tex.Crim.App.2000) (Lopez I), I write separately to express my dissatisfaction with the state of the law. My position on this area of the law is set forth in the opinion from this court that the Texas Court of Criminal Appeals reversed in Lopez I, in which it remanded the cause to our court for further proceedings, and the similar decision it reversed in Lopez II, in which it rendered judgment affirming the trial court’s judgment. See Lopez v. State, 989 S.W.2d 402 (Tex.App.San Antonio 1999); rev’d, 18 S.W.3d 220 (Tex.Crim.App.2000); on remand to, 61 *242S.W.3d 547 (Tex.App.-San Antonio 2001), rev’d, 86 S.W.3d 228 (Tex.Crim.App.2002) (Lopez II). Constrained by the higher court’s precedent, I reluctantly concur in the majority’s opinion and judgment.