(Download) "Owens V. State" by Texas Court of Appeals (Civil) * eBook PDF Kindle ePub Free
eBook details
- Title: Owens V. State
- Author : Texas Court of Appeals (Civil)
- Release Date : January 04, 2000
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
Following her plea of nolo contendere and her waiver of a jury trial and pre-sentence investigation, appellant Delores A. Owens was convicted by the court of possession of a gambling device, a Class A misdemeanor, and punishment was assessed at a $250 fine. Appealing with permission of the trial court, appellant presents two issues contending that in her prosecution for possession of a gambling device under section 47.06 of the Texas Penal Code, *fn1 the trial court (1) erred in declaring section 47.01(4)(B) unconstitutional, and (2) acted beyond its authority in declaring section 47.01(4)(B) unconstitutional. Based on the rationale expressed herein, we reverse and remand.