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 affirmed the Court of Appeals, holding that the El Paso adult‑business ordinance, though silent on mens rea, requires a culpable mental state under Penal Code §6.02(b), and that the State Prosecuting Attorney has authority to seek discretionary review of the municipal‑court conviction. The decision also notes that the ordinance creates a criminal offense subject to the State’s interest.