Laverne v. State
Laverne v. State
Dissenting Opinion
dissenting.
I dissent to the majority opinion for the reasons stated in Lozano v. State, 650 S.W.2d 137, 138 (Tex.App.—Houston [14th Dist.] 1983, no pet.) and Dismore v. State, 658 S.W.2d 684 (Tex.App.—El Paso 1983, no pet.).
Opinion of the Court
OPINION
Appellant was convicted of prostitution and sentenced to forty days’ confinement in the county jail.
The evidence shows that appellant offered to commit a deviate sexual act upon Officer Scaramozi and then asked how much money Scaramozi had. Scaramozi told appellant that he had forty dollars and appellant replied, “that is enough.” Such evidence is sufficient proof of an offer to engage in sexual conduct for a fee. Robinson v. State, 643 S.W.2d 141 (Tex.Crim.App. 1982).
We agree, however, that the trial court erred by denying appellant’s motion to quash. The information filed in this cause alleged that appellant knowingly and unlawfully offered “to engage Don Scaramozi in sexual conduct, namely: deviate sexual intercourse.”
The offense of prostitution encompasses an offer to engage in sexual conduct, which is defined to include “deviate sexual intercourse.” TEX.PENAL
The decision of the trial court is reversed and the information is dismissed.
Reference
- Full Case Name
- Gerald LAVERNE, Appellant, v. the STATE of Texas, Appellee
- Cited By
- 8 cases
- Status
- Published