State v. Frank Empey

OPINION

TERRIE LIVINGSTON, CHIEF JUSTICE

The State of Texas brings this pretrial appeal challenging the trial court’s order that dismissed the grand jury’s indictment for theft of aluminum, bronze, copper, or brass with a value of less than $20,000. In one issue, the State argues that the trial court erred by granting appellee Frank Empey’s motion to dismiss the indictment because - despite the trial court’s finding otherwise, section 31.03(e)(4)(F) of the penal code is constitutional. We conclude that section 31.03(e)(4)(F) is not facially unconstitutional, and we .therefore reverse the trial…