Brenneman v. State

OPINION

YÁÑEZ, Justice.

Appellant, Roderick Allen Brenneman, appeals his conviction for assault. 2 After the jury convicted appellant, the judge entered a finding that appellant selected his victim primarily because of appellant’s bias or prejudice against homosexuals (a “hate crime finding”) and assessed punishment at one year in jail and a $4,000 fine. In a single issue, appellant contends article 42.014 of the Texas Code of Criminal Procedure (the “Texas Hate Crime Statute”) 3 is void for vagueness in violation of the due process clause of the Fourteenth Amendment of the United States…