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YORKO v. STATE

No. 470-84.

690 S.W.2d 260 (1985)

Kenneth Alan YORKO, Appellant, v. The STATE OF Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

May 22, 1985.

Attorney(s) appearing for the Case

Michael A. Maness, Houston, for appellant.

John B. Holmes, Jr., Dist. Atty. & Timothy G. Taft, & Vance Christopher, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

THOMAS G. DAVIS, Judge.

Appellant pled not guilty to a misdemeanor information charging possession with intent to sell an obscene device, namely a dildo. The trial court found appellant guilty and assessed three days in jail and a fine of $750.00. The Fourteenth Court of Appeals (Houston) affirmed the conviction, holding that Sections 43.21(a)(7) and 43.23(c)(1) of the Penal Code do not violate the...

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