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TOMA v. STATE

No. 01-02-00496-CR.

126 S.W.3d 528 (2003)

Janan TOMA, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Overruled April 14, 2003.

Discretionary Review Refused September 3, 2003.

Attorney(s) appearing for the Case

Daniel N. Lundeen, Lundeen & Dickinson, L.L.P., Houston, for appellant.

Eric Kugler, Asst. Dist. Atty. of Harris County, Houston, for appellee.

Panel consists of Justice HEDGES, KEYES, and DUGGAN.

OPINION

EVELYN V. KEYES, Justice.

Appellant, Janan Toma, was convicted and fined $100 for violating a municipal ordinance prohibiting persons from riding a bicycle on the street when a bicycle path is available. Appellant challenges the constitutionality of the ordinance.

In 1987, the city of Hunter's Creek Village enacted Ordinance 422, which provides in pertinent part, "Whenever a usable path for bicycles has been provided adjacent to a public...

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