Gunther v. State

OPINION

BENAVIDES, Justice.

Appellant, John Emil Gunther, Jr., was convicted pursuant to a plea of guilty for the offense of failing to timely submit an invoice (pertaining to the intrastate shipment of redfish) to the Texas Parks and Wildlife Department. The court assessed punishment at 90 days’ confinement in the Nueces County jail, probated for one year, and an $800 fine. On appeal, appellant presents two points of error by which he challenges the constitutionality of the statutes upon which his conviction is based. We reverse and remand for a new punishment hearing.

The State, in its brief,…