Benavides v. State

I respectfully dissent from the en banc opinion. The controlling issue is whether the Godfather Club was a licensed premise on November 28, 1979, the date of the offense. Admittedly, Officer Guerra’s report dated November 28th, stated that: “The Godfather Club has mixed beverage Lie. # 112221 and late hours mix beverage Lie. #112222 to Albert Gamboa ...” but the offense report does not state that the licenses were in effect at the date and time in question. Thus, we conclude that the police officer’s report does not establish that there was a license in effect on the premises on the date of…