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AGUIRRE v. STATE

No. 0580-98.

22 S.W.3d 463 (1999)

Teresa D. AGUIRRE, Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas, En Banc.

As Modified on Denial of Rehearing December 8, 1999.

Attorney(s) appearing for the Case

Enrique N. Medrano, El Paso, for appellant.

H. M. Fleming, City Atty., El Paso, Matthew Paul, State's Atty., Austin, for State.

Before the court en banc.

WOMACK, J., delivered the opinion of the Court, in which McCORMICK, P.J., and KELLER, HOLLAND, and KEASLER, JJ., joined, and in Parts I and II of which PRICE, J., joined.

The issue in this case is whether a culpable mental state is required in an ordinance, which regulates adult businesses, and that is silent about whether a culpable mental state is required. We hold that it is.

I.

A 1987 ordinance of the City of El Paso made it a misdemeanor offense...

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