Pettijohn v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

MILLER, Judge.

Appellant was convicted by a jury of harassment pursuant to V.T.C.A. Penal Code, Section 42.07(a)(1) which states:

A person commits an offense if, with the intent to harass, annoy, alarm, abuse, torment, or embarrass another, he ... initiates communication by telephone or in writing and in the course of the communication makes a comment, request, suggestion, or proposal that is obscene

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The trial judge assessed punishment at six months in the Tyler County Jail and a one-thousand dollar fine, with the six-month…