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Tracy Blaine Francis, Appellant v. the State of Texas, Appellee

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DISSENTING OPINION

I respectfully dissent. The majority affirms the conviction of appellant, Tracy Blaine Francis, for the felony offense of aggravated robbery and his seventy- five-year sentence. See TEX. PENAL CODE ANN. § 29.03(a)(2), (3) (Vernon 2011).

I would reverse the conviction and remand for a new trial on the ground that the State willfully violated a discovery order by withholding a machete offered as used during the commission of the charged offense–but actually used in the commission of an uncharged extraneous offense–with the intent of thwarting the defense’s preparation for trial, in violation of Code of Criminal Procedure article 39.14. See TEX. CODE CRIM. PROC. ANN. art. 39.14(a) (Vernon Supp. 2012). I agree with Francis that the trial court erred with respect to the admission of this evidence during the guilt phase of trial and that the error was harmful. Therefore, Francis’s conviction should be reversed and the case remanded for a new trial.

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