Smith v. State

OPINION

BOB PEMBERTON, Justice.

Following a bench trial, appellant Jan-een Denise Smith was convicted of the offense of failure to identify and sentenced to 90 days’ confinement in county jail. See Tex. Penal Code Ann. § 38.02(b) (West 2011). The conviction was based partly on proof that she had identified herself to a law enforcement officer using a nickname by which she had undisputedly been known, both professionally and personally, for almost two decades. On appeal, Smith contests whether her nickname was either “false” or “fictitious” within the meaning of the statute and, in turn, whether…