Naranjo v. State

890 S.W.2d 467, 1994 Tex. App. LEXIS 2702, 1994 WL 588393
CourtCourt of Appeals of Texas
DecidedOctober 28, 1994
DocketNo. 13-93-353-CR
StatusPublished
Cited by3 cases

This text of 890 S.W.2d 467 (Naranjo v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Naranjo v. State, 890 S.W.2d 467, 1994 Tex. App. LEXIS 2702, 1994 WL 588393 (Tex. Ct. App. 1994).

Opinion

OPINION

GILBERTO HINOJOSA, Justice.

A jury found appellant guilty of possessing an inhalant and assessed his punishment at 180 days in the county jail and a fine of $750.

In point of error one, appellant contends that chapters 484 and 485 of the Texas Health and Safety Code are unconstitutional because they are vague and both use the term “inhalant” for volatile compounds and aerosol paint compounds.

The State alleged that appellant:

did then and there inhale, apply, use and possess an abusable aerosol paint with intent to inhale, ingest, apply, and use the paint in a manner designed to affect his nervous system, to create and induce a condition of intoxication, euphoria, hallucination, and elation, and to change, distort, and disturb his eyesight, thinking process, balance, and coordination, and in a manner contrary to directions for use, cautions, and warning appearing on a label or container of abusable aerosol paint....

Chapter 484 of the Texas Health and Safety Code is entitled “Volatile Chemicals.” Section 484.003 provides a criminal penalty for possessing and using certain volatile chemicals listed in section 484.002. See Tex. Health & Safety Code Ann. §§ 484.002-.003 (Vernon 1992). Section 484.003 provides:

(a) A person commits an offense if the person inhales, ingests, applies, uses or possesses a substance containing a volatile chemical with the intent to inhale, ingest, apply or use the substance in a manner:
(1) contrary to directions for use, cautions, or warnings appearing on a label of a container of the substance; and
(2) designed to:
(A) affect the person’s central nervous system;
(B) create or induce a condition of intoxication, hallucination, or elation; or
(C) change, distort, or disturb the person’s eyesight, thinking process, balance, or coordination.
(b) An offense under this section is a Class B misdemeanor.

Chapter 485 of the Texas Health and Safety Code is entitled “Abusable Glues and Aerosol Paints.” Section 485.031 provides a criminal penalty for possession and use of abusable glues and aerosol paints. See Tex. [470]*470Health & Safety Code Ann. § 485.031 (Vernon 1992). The section provides:

(a) A person commits an offense if the person inhales, ingests, applies, uses, or possesses an abusable glue or aerosol paint with intent to inhale, ingest, apply, or use abusable glue or aerosol paint in a manner:
(1) contrary to directions for use, cautions, or warnings appearing on a label of a container of the glue or paint; and
(2) designed to:
(A) affect the person’s central nervous system;
(B) create or induce a condition of intoxication, hallucination, or elation; or
(C) change, distort, or disturb the persons’ eyesight, thinking process, balance, or coordination.

(b) An offense under this section is a Class B misdemeanor.

Appellant claims that the sections are unconstitutional “because a defendant charged under them is unable to determine which one is more applicable as in our ease.” Appellant also mentions that different sections of both chapters define the term “inhalant paraphernalia,” thereby causing confusion and constitutional vagueness. We disagree with appellant and find the sections constitutionally valid.

When challenging the constitutionality of a statute, a defendant must show that in its operation the statute is unconstitutional to him in his situation; that it may be unconstitutional as to others is not sufficient. Briggs v. State, 740 S.W.2d 803, 806 (Tex. Crim.App.1987). A statute is vague when persons of common intelligence must necessarily guess at its meaning and differ about its application. See Cotton v. State, 686 S.W.2d 140, 141 (Tex.Crim.App.1985). Statutory language is not unconstitutionally vague if it conveys a sufficient warning about the proscribed conduct when measured by common understanding and practices. Farmer v. State, 540 S.W.2d 721, 722 (Tex.Crim.App. 1976). Statutory words are to be read in context and construed according to the rules of grammar and common usage. Tex.Gov’t Code Ann. § 311.011 (Vernon 1988). A statute is not rendered vague merely because the words or terms are not specifically defined. Ahearn v. State, 588 S.W.2d 327, 338 (Tex. Crim.App.1979). Words defined in dictionaries and with meanings so well known as to be understood by a person of ordinary intelligence have been held not to be vague and indefinite. Floyd v. State, 575 S.W.2d 21, 23 (Tex.Crim.App.1978).

In examining a criminal statute for vagueness, the first inquiry is whether the ordinary, law-abiding individual received sufficient information from the statute that his or her conduct risked violating a criminal law. Bynum v. State, 767 S.W.2d 769, 773 (Tex.Crim.App.1989). A second inquiry is whether the statute provided sufficient notice to law enforcement personnel to prevent arbitrary or discriminating enforcement. Id.

Appellant was convicted under § 485.031. He cannot attack the constitutionality of chapter 484. Likewise, appellant was not convicted of anything regarding inhalant paraphernalia, and so he cannot challenge the Health and Safety Code sections dealing with paraphernalia. We have reviewed § 485.031 and fail to see how it fails to give sufficient notice to ordinary, law-abiding citizens. It also provides sufficient notice to prevent arbitrary or discriminating enforcement. Appellant’s assertion that he could not tell which section he was charged under is without merit. The information clearly tracks § 485.031. Appellant’s first point of error is overruled.

In points two and three, appellant contends the trial court erred in refusing to instruct the jury on a definition of “inhalant,” as the term was used throughout trial. We overrule appellant’s points for two reasons. First, “inhalant” is not an element of the offense for which appellant was convicted. Second, “inhalant” is not defined in the Health and Safety Code. When words are not defined by statute, they must be given their common meaning. Ely v. State, 582 S.W.2d 416, 419 (Tex.Crim.App.1979). The trial court need not define “common words” in the jury charge. King v. State, 553 S.W.2d 105, 107 (Tex.Crim.App.1977). Points two and three are overruled.

[471]

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890 S.W.2d 467, 1994 Tex. App. LEXIS 2702, 1994 WL 588393, Counsel Stack Legal Research, https://law.counselstack.com/opinion/naranjo-v-state-texapp-1994.