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STATE v. KINGSBURY

Nos. 13-02-475-CR, 13-02-476-CR.

129 S.W.3d 202 (2004)

The STATE of Texas, Appellant, v. Patrick Scott KINGSBURY, Appellee. The State of Texas, Appellant, v. Inocente Morales Dominguez, Appellee.

Court of Appeals of Texas, Corpus Christi-Edinburg.

Dissenting Opinion March 15, 2004.

Attorney(s) appearing for the Case

Yolanda De Leon, Terra Bay, Dist. Atty's Office, Brownsville, for appellant.

Carlos Hermenegildo Cisneros, Brownsville, for appellee Patrick Scott Kingsbury.

Armando R. Villalobos, Brownsville, for appellee Inocente Morales Dominguez.

Before Justices RODRIGUEZ, CASTILLO, and WITTIG.

OPINION

Opinion by Justice RODRIGUEZ.

This is a cruelty to animals case. Pursuant to section 42.09 of the Texas Penal Code, appellant, the State of Texas, filed a criminal action against appellees, Patrick Scott Kingsbury and Inocente Morales Dominguez. See Tex. Pen.Code Ann. § 42.09 (Vernon 2003). The State alleged appellees tortured four dogs by leaving them without food and water, which led to their deaths. The trial court found it lacked...

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