Laverne v. State

753 S.W.2d 404, 1988 Tex. Crim. App. LEXIS 134, 1988 WL 66882

Opinion

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

PER CURIAM.

A jury convicted appellant of prostitution and assessed his punishment at 40 days in jail. On appeal the San Antonio Court of Appeals reversed the judgment of the trial court and ordered the information dismissed. Láveme v. State, 737 S.W.2d 379 (Tex.App. — San Antonio 1987).

The State raises one ground for review, claiming the Court of Appeals was in error both in holding that appellant’s motion to quash should have been granted, and in failing to conduct a harm analysis as mandated by this Court in Adams v. State, 707 S.W.2d 900 (Tex.Cr.App.1986).

We find the Court of Appeals opinion does fail to address whether appellant was harmed by the failure to grant his motion to quash, as required by Adams, supra. Consequently, the State’s petition is summarily granted, and the cause remanded to the Court of Appeals for action consistent with this opinion.