YBARRA v. STATE

No. 04-87-00505-CR, 04-87-00509-CR.

762 S.W.2d 368 (1988)

Roy YBARRA, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, San Antonio.

December 28, 1988.


Attorney(s) appearing for the Case

Rokki Roberts, Houston, for appellant.

Fred G. Rodriguez, Mike Ramos, Edward F. Shaughnessy, III, Crim. Dist. Attys., San Antonio, for appellee.

Before CADENA, C.J., and REEVES and CHAPA, JJ.


OPINION

REEVES, Justice.

Appellant was convicted of violating TEX.PENAL CODE ANN. § 43.23(c)(1) which provides that a person commits a misdemeanor if, knowing its content and character, "he promotes or possesses with intent to promote any obscene material...." Appellant sold allegedly obscene videotapes and one magazine to undercover police officers.

Appellant pled nolo contendere and was sentenced to six (6) days in jail and a $150.00 fine...

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