Gonzales v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

Appeal is taken from a conviction for obscenity. After the jury found appellant guilty, the court assessed punishment at 5 days and a $1,000.00 fine. The Court of Appeals reversed appellant’s conviction. Gonzales v. State, 676 S.W.2d 437 (Tex.Ap.—Houston [1st] 1984). The reversal by the Court of Appeals was based on the holding that the trial court reversibly erred in submitting a charge to the jury on the presumption provided by V.T.C.A., Penal Code, Section 43.23(e). See Shealy v. State, 675 S.W.2d 215 (Tex.Cr.App.1984); Davis v. State,…