State v. Zascavage

OPINION

TERRIE LIVINGSTON, Justice.

I. Introduction

Appellee Charles Zascavage was charged with four counts of hazing pursuant to section 37.152(a)(3) of the education code. The indictment alleged that appellant violated section 37.152(a)(3) by recklessly permitting hazing to occur by failing to supervise students whom he had a duty to supervise pursuant to the educator-student relationship. On April 4, 2006, the trial court dismissed the indictment, finding that section 37.152(a)(3) was unconstitutional, and the State appealed. We affirm.

II. Background Facts

Because appellee challenged the…