OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW
BAIRD, Judge.
Appellee was indicted for the felony offense of keeping a gambling place proscribed by Tex.Penal Code Ann. § 47.04(a). Appellee moved to dismiss the indictment because the underlying statute was unconstitutionally vague. The trial court granted appellee's motion and dismissed the indictment. The Court of Appeals affirmed the trial court's order. State v. Taylor,
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