Gorge Luis Olmos v. the State of Texas

Summary

This is a concurring opinion in an aggravated-assault appeal involving the defendant's use of a gay panic defense. Justice Charles A. Spain concurred in the judgment affirming the trial court but declined to join the majority opinion, criticizing its reframing of the appellate issues and its discussion of error preservation.

Questions Presented

1. How the appellant's appellate issues should be characterized in light of his use of the gay panic defense.
2. Whether the challenged trial-court judgment should be affirmed.
3. What requirements governed preservation of the appellant's appellate complaint under Texas Rule of Appellate Procedure 33.1(a).

Disposition

affirmed