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Thompson v. State

Texas Court of Appeals

44 S.W.3d 171 (2001)

Facts

Amanda Thompson (defendant) was a dancer at a sexually oriented business. The city of Houston had enacted a city ordinance that required all entertainers at such businesses to conspicuously display a permit on their person. The ordinance provided that failure to comply would be a misdemeanor punishable by a fine and/or up to one year in jail but did not state whether a particular culpable mental state was an element of the offense. Thompson was arrested and charged for failing to properly display a permit. She pleaded guilty and was sentenced to two days’ confinement in the county jail and fined. Thompson later appealed, alleging that the charge was flawed because the prosecution had failed to allege or prove any culpable mental state.

Rule of Law

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Issue

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Holding and Reasoning (Frost, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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