Legal Opinion

State of Texas v. Rhine, Michael Joseph

Court of Criminal Appeals of Texas

Decided September 23, 2009No. PD-0912-08Published

1Opinion of the Court

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. PD-0912-08

THE STATE OF TEXAS

v.

MICHAEL JOSEPH RHINE, Appellee

ON APPELLEE'S PETITION FOR DISCRETIONARY REVIEW

FROM THE SECOND COURT OF APPEALS

DENTON COUNTY

Keller, P.J., filed a concurring opinion in which Meyers, Hervey, and Holcomb, JJ., joined.

We granted review to determine whether the penal offense with which appellee was charged--violation of outdoor burning regulations (1) for which a criminal penalty is attached under the Water Code (2)--violates the separation-of-powers provision of the Texas Constitution. (3) In support of his ground for…

2Cases cited98 opinions

  1. Guzman v. StateCourt of Criminal Appeals of Texas · 1997
  2. Sims v. StateCourt of Criminal Appeals of Texas · 2003
  3. Panama Refining Co. v. RyanSupreme Court of the United States · 1935
  4. Plaut v. Spendthrift Farm, Inc.Supreme Court of the United States · 1995
  5. Field v. ClarkSupreme Court of the United States · 1892

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