Dwayne Holmes v. State

¶1concurring.

¶2I believe that Appellant’s complaint, raised for the first time on appeal, is an as-applied challenge to former section 12.42(a)(1) of the penal code. I therefore agree that he forfeited his complaint by failing to raise it in the trial court and would affirm the trial court’s judgment. But I cannot join the majority’s journey beyond this holding. For the reasons eloquently expressed by Judge Cochran in her concurring opinion in Karenev,2 which I have adopted in a prior concurring and dissenting opinion,3 I therefore respectfully concur.