Legal Opinion

Otwell v. State

Court of Appeals of Texas

Decided June 9, 1993No. 2-91-341-CRPublishedCited by 5 opinions

1Opinion of the Court

OPINION

WEAVER, Justice.

Appellant was convicted by the trial court of attempted criminal trespass. See Tex.Penal Code Ann. § 30.05 (Vernon 1989). The trial court assessed a $50.00 fine as punishment. We affirm.

In his sole point of error, appellant alleges that the criminal trespass statute was unconstitutionally applied to him because he claims that his activities were protected by the first amendment to the United States Constitution. Appellant does not challenge the sufficiency of the evidence to support the trial court’s finding.

The material facts are undisputed. Appellant belongs to a…

2Cases cited5 opinions

  1. Perry Education Ass'n v. Perry Local Educators' Ass'nSupreme Court of the United States · 1983
  2. Cornelius v. NAACP Legal Defense & Educational Fund, Inc.Supreme Court of the United States · 1985
  3. Reed v. StateCourt of Appeals of Texas · 1989
  4. Gibbons v. State, Texas Court of Appeals, 5th District (Dallas)1989
  5. International Society for Krishna Consciousness v. SchraderDistrict Court, N.D. Texas · 1978

3Cited by5 opinions

  1. Bader v. State, Texas Court of Appeals, 3rd District (Austin)2000
  2. Thompson v. State, Texas Court of Appeals, 9th District (Beaumont)2000
  3. Spingola, Charles S. v. State, Texas Court of Appeals, 14th District (Houston)2004
  4. Michael Bader v. State, Texas Court of Appeals, 3rd District (Austin)2000
  5. Thompson v. State, Texas Court of Appeals, 9th District (Beaumont)2000

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