Court of Criminal Appeals of Texas

Teresa D. Aguirre, Appellant v. the State of Texas

December 8, 199922 S.W.3d 463

Summary

The Court of Criminal Appeals affirmed the Court of Appeals' judgment, holding that the El Paso adult‑business ordinance requires a culpable mental state despite its silence on the issue, and that the State Prosecuting Attorney has standing to seek discretionary review. The decision was contested by three dissenting opinions (Meyers, Mansfield, and Price) arguing lack of standing and questioning the application of Penal Code §6.02(b) to municipal ordinances.