URDIALES v. STATE

No. 04-08-00546-CR.

349 S.W.3d 1 (2009)

Michael URDIALES, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, San Antonio.

Discretionary Review Refused November 18, 2009.


Attorney(s) appearing for the Case

Roderick B. Glass , Asst. Public Defender, San Antonio, for Appellant.

Kevin P. Yeary , Asst. Crim. Dist. Atty., San Antonio, for Appellee.

Sitting: SANDEE BRYAN MARION, Justice, PHYLIS J. SPEEDLIN, Justice, MARIALYN BARNARD, Justice.


OPINION

Opinion by: PHYLIS J. SPEEDLIN, Justice.

On appeal, Michael Urdiales asserts that the criminal statute that proscribes "racing on a highway" is unconstitutionally vague because it can be applied to the innocent conduct of mere passing on a highway. See TEX. TRANSP. CODE ANN. § 545.420(a)(1) (Vernon Supp. 2008). Specifically, Urdiales challenges the portion of the statute defining the type of "racing" with which he was charged: using one...

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