Gersh v. State

OPINION

MILLER, Judge.

Appellant was convicted by a jury of criminal mischief. Punishment was assessed by the trial court at a fine of $200.00. On appeal the Dallas Court of Appeals reversed and remanded the conviction. Gersh v. State, 714 S.W.2d 80 (Tex.App.-Dallas, 1986).

The State raises one ground of review complaining that the Court of Appeals incorrectly held that the presumption provided in the text Penal Code Annotated Section 28.03 (Vernon Supp.1986) was unconstitutionally applied in this case. The State’s petition for discretionary review will be refused.

As is true in every case where…