Martinez v. State

*275OPINION

TOM RICKHOFF, Justice.

This appeal requires us to review a sad case. We reach this legal result with some discomfort. As appellate judges we cannot apply our own philosophy of justice, but may only apply the law to the facts of a particular case. After doing so here, we must affirm.

Appellant Andrea Martinez, an eighty-three year old widow, is known in her neighborhood for taking in homeless animals. She was charged with cruelty to animals, and convicted by a jury. See Tex.Pen Code Ann. § 42.09(a)(2) (Vernon Supp.2000). The trial court assessed punishment at one year confinement and…