Messina v. State

WARREN WHITHAM, Justice (Assigned),

dissenting.

I respectfully dissent. Appellant appeals a conviction in the municipal court of the City of Dallas, Texas, for operating a sexually oriented business within 1,000 feet of a public park in violation of Dallas City Code Section 41A-13(A)(4). The trial court denied appellant’s pretrial motion to quash the charging instrument. The trial court assessed a fine *185of $350.00 plus court costs. The County Criminal Court of Appeals affirmed the trial court’s judgment. Appellant appeals to this court. In his sole point of error, appellant contends that the…