Later courts went against this
Overruled on other grounds by Ex Parte Ramos, 1991 Tex. Crim. App. LEXIS 73 (1991)
” Garcia v. State, 806 S.W.2d 835, 837 (Tex.Crim.App.1990), overruled on other grounds, 806 S.W.2d 845 (Tex.Crim.App.1991), citing Spradling, 773 S.W.2d 553.
The opinion
McCORMICK, Presiding Judge,
dissenting.
On May 29, 1990, the United States Supreme Court issued its decision in Grady v. Corbin, — U.S. -, 110 S.Ct. 2084 , 109 L.Ed.2d 548 . My reading of Grady convinces me that the opinion in this cause is blatantly incorrect.
For this reason, I dissent.