Martinez v. State of Texas

48 S.W.3d 273 (2001)

From our private database of 46,300+ case briefs, written and edited by humans—never with AI.

Martinez v. State of Texas

Texas Court of Appeals
48 S.W.3d 273 (2001)

  • Written by Haley Gintis, JD

Facts

Rudy Davila, an animal-cruelty investigator employed by the City of San Antonio, received an allegation of animal cruelty involving Andrea Martinez (defendant). At the time of the allegation, Martinez, who was an 83-year-old widow, was known for taking in stray animals and providing them with care. When Davila arrived at Martinez’s home to investigate the allegation, he found a dog outside of the home that appeared lethargic, malnourished, and to be suffering from a skin condition called parasitic sarcoptic mange, which resulted in complete hair loss and crusty skin. Martinez informed Davila that a friend had given Martinez the dog two years ago after the friend was unable to cure the dog’s parasitic sarcoptic mange . Davila determined that the dog needed to be taken to the city’s animal-control facility and took the dog with Martinez’s permission. A veterinarian examined the dog and determined that the dog needed to be euthanized. The State of Texas (plaintiff) charged Martinez with animal cruelty pursuant to Section 42.09(a)(2) of the Texas Penal Code. Section 42.09(a)(2) provided that a person is guilty of animal cruelty for intentionally and knowingly failing to provide an animal in her custody with necessary food, care, or shelter. At Martinez’s trial, Davila testified that Martinez did not provide reasonable care for the dog and did not treat the dog for its parasitic sarcoptic mange. The veterinarian also testified that Martinez had not provided the dog with adequate care and that, had Martinez provided the dog with the right treatment product, the dog’s parasitic sarcoptic mange would likely have been suppressed. The jury found Martinez guilty of animal cruelty. The trial court sentenced Martinez to two years of probation and 100 community-service hours. Martinez appealed on the ground that the evidence introduced did not prove that Martinez had intentionally or knowingly not provided the dog with necessary care.

Rule of Law

Issue

Holding and Reasoning (Rickhoff, J.)

Concurrence (Lopez, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 816,000 law students since 2011. Some law schools even subscribe directly to Quimbee for all their law students.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

Here's why 816,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 816,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,300 briefs - keyed to 988 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership