Owens v. State

REAVIS, Justice.

Following her plea of nolo contendere and her waiver of a jury trial and pre-sentence investigation, appellant Delores A. Owens was convicted by the court of possession of a gambling device, a Class A misdemeanor, and punishment was assessed at a $250 fine. Appealing with permission of the trial court, appellant presents two issues contending that in her prosecution for possession of a gambling device under section 47.06 of the Texas Penal Code, 1 the trial court (1) erred in declaring section 47.01(4)(B) unconstitutional, and (2) acted beyond its authority in declaring…