AZEEZ v. STATE

No. PD-010-07.

248 S.W.3d 182 (2008)

Sheriff K. AZEEZ, Appellant v. The STATE of Texas.

Court of Criminal Appeals of Texas.

March 5, 2008.


Attorney(s) appearing for the Case

Alexander B. Wathen, Houston, for Appellant.

Kim R. Trujillo, Asst. City Atty., Houston, Jeffrey L. Van Horn, State's Atty., Austin, for State.


OPINION

PRICE, J., delivered the opinion of the Court in which KELLER, P.J., and WOMACK, JOHNSON, KEASLER, HERVEY, HOLCOMB and COCHRAN, JJ., joined.

Although the charging instrument in this case alleged a misdemeanor offense in the express terms of Section 38.10 of the Texas Penal Code,1 the Fourteenth Court of Appeals declared that the appellant was actually prosecuted and convicted under Section 543.009 of the Texas...

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