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STERLING v. SAN ANTONIO POLICE DEPT.

No. 04-02-00427-CV.

94 S.W.3d 790 (2002)

Jody D. STERLING d/b/a L & J Amusement, Appellant, v. SAN ANTONIO POLICE DEPARTMENT; Bexar County District Attorney, Susan Reed; and The Bexar County District Attorney's Office, Appellees.

Court of Appeals of Texas, San Antonio.

November 27, 2002.

Attorney(s) appearing for the Case

Roland Gutierrez, Law Office of Roland Gutierrez, San Antonio, for appellant.

Deborah L. Klein, Gail A. Jensen, Assistant City Attorney, Litigation Division, Sue Ann Gregory, Assistant Criminal District Attorney, San Antonio, for appellees.

Sitting: PHIL HARDBERGER, Chief Justice, SARAH B. DUNCAN, Justice, SANDEE BRYAN MARION, Justice.

Opinion by SANDEE BRYAN MARION, Justice.

This is an appeal from the trial court's granting of appellees' pleas to the jurisdiction and appellees' motion to quash appellant's subpoena of an undercover police officer on the grounds that the court did not have jurisdiction to determine the enforcement of a penal statute criminalizing gambling. We agree that the trial court did not have jurisdiction and affirm the trial court's order granting the pleas to the jurisdiction...

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