Aguirre v. State

MEYERS, J.,

delivered this dissenting opinion.

I join Judge Johnson’s opinion. The State Prosecuting Attorney (SPA) does not have standing to prosecute this discretionary review appeal concerning an El Paso city ordinance.

It doesn’t matter that the parties have not addressed the issue. Standing should be assessed as a threshold matter:

One of the most fundamental tenants of appellate law ... is the requirement that a party have standing to raise an issue before an appellate court. When challenging the constitutionality of a statute, it is incumbent upon the party raising the issue to show that…