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OWENS v. STATE

No. 07-99-0010-CR.

19 S.W.3d 480 (2000)

Delores A. OWENS, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Amarillo.

April 4, 2000.

Attorney(s) appearing for the Case

Stephen Fenoglio, Anatole R. Barnstone, Austin, Eddie G. Shell, Shell & Associates, Burnet, for appellant.

William C. Sowder, Criminal Dist. Atty., Lubbock, Matthew L. Wade, Asst. Criminal Dist. Atty., for appellee.

Barry K. Bishop, Marnie A. McCormick, Clark, Thomas & Winters, Austin, John Cornyn, Atty. Gen., Idolina Garcia McCullough, Asst. Sol. Gen., Andy Taylor, First Asst. Atty. Gen., Shane Phelps, Deputy Atty. Gen., for Criminal Justice, Gregory S. Coleman, Sol. Gen., William F. Lewis, Jr., Asst. Atty. Gen., amici curiae.

Before QUINN and REAVIS and JOHNSON, JJ.

REAVIS, Justice.

Following her plea of nolo contendere and her waiver of a jury trial and pre-sentence investigation, appellant Delores A. Owens was convicted by the court of possession of a gambling device, a Class A misdemeanor, and punishment was assessed at a $250 fine. Appealing with permission of the trial court, appellant presents two issues contending that in her prosecution for possession of a gambling device under section 47.06 of the Texas Penal Code,

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