Fernandez v. State

OPINION

Opinion by

Justice CARTER.

The trial court found Brittney 1 Fernandez guilty of abandoning a child and rendered a probated sentence. See Tex. Penal Code Ann. § 22.041(b) (Vernon Supp. 2008). Fernandez now appeals, contending that, under the doctrine of in pari materia, the trial court violated her due process rights by convicting her of a felony offense when the facts supporting her conviction were more appropriately prosecuted under the misdemeanor statute that criminalizes leaving a child in a vehicle. See Tex. Penal Code Ann. § 22.10 (Vernon 2003). We will affirm the judgment of the…