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McCARTY v. STATE

No. 60626.

616 S.W.2d 194 (1981)

Denise Elaine McCARTY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 3.

Rehearing Denied June 3, 1981.

Attorney(s) appearing for the Case

James M. Murphy, Dallas, for appellant.

Henry M. Wade, Dist. Atty. and Ronald D. Hinds, Asst. Dist. Atty., Dallas, Robert Huttash, State's Atty., Austin, for the State.

Before ODOM, W. C. DAVIS and McCORMICK, JJ.

OPINION

ODOM, Judge.

This is an appeal from a conviction for prostitution. Punishment was assessed at 90 days.

In her first two grounds of error appellant challenges the constitutionality of the prostitution statute. V.T.C.A., Penal Code Sec. 43.02(a)(1) provides:

"(a) A person commits an offense if he knowingly: "(1) offers to engage, agrees to engage, or engages in sexual conduct for a fee;"

Appellant argues the term...

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