Yorko v. State

J. CURTISS BROWN, Chief Justice.

Kenneth Alan Yorko (Yorko or appellant) was convicted of possession with intent to sell, an obscene device, a dildo, under TEX. PENAL CODE ANN. § 43.23(c)(1). Appellant did not submit a statement of facts on appeal, and proceeds solely upon the transcript. In two grounds of error, appellant claims TEX.PENAL CODE ANN. §§ 43.-23(a) and 43.23(c)(1) are unconstitutional. He asserts they violate a right to privacy guaranteed under the Fourteenth Amendment to the Constitution of the United States, and are an excessive use of police power under the Texas Constitution.

T…