Legal Opinion

State v. Almendarez

Texas Court of Appeals, 13th District

Decided December 10, 2009No. 13-09-282-CRPublishedCited by 6 opinions

1Opinion of the Court

OPINION

Opinion by

Justice VELA.

Appellee, Eduardo Almendarez, was charged by information with two counts of animal cruelty for the neglect of two horses. See Tex. Penal Code Ann. § 42.09(a)(2) (Vernon Supp. 2009). Almen-darez filed a pre-trial motion to quash the information, contending that double jeopardy barred his prosecution. He urged that a justice court had, in a prior hearing, terminated his ownership of the horses and ordered him to pay $211.00 in restitution to Nueces County Animal Control for the expense incurred in seizing both horses. The trial court granted the motion to quash,…

2Cases cited31 opinions

  1. Kennedy v. Mendoza-MartinezSupreme Court of the United States · 1963
  2. Flemming v. NestorSupreme Court of the United States · 1960
  3. Illinois v. SomervilleSupreme Court of the United States · 1973
  4. Hudson v. United StatesSupreme Court of the United States · 1997
  5. Helvering v. MitchellSupreme Court of the United States · 1938

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3Cited by6 opinions

  1. Wild Rose Rescue Ranch v. City of WhitehouseCourt of Appeals of Texas · 2012
  2. Ex Parte Maria Cervantes Martinez, Texas Court of Appeals, 10th District (Waco)2022
  3. Ex Parte Miguel Martinez, Texas Court of Appeals, 4th District (San Antonio)2018
  4. Herman Edward Hoffman v. State, Texas Court of Appeals, 9th District (Beaumont)2018
  5. Jade Derrick Scales v. State, Texas Court of Appeals, 7th District (Amarillo)2020

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