Court of Criminal Appeals of Texas

In a conviction of defendant for violating provisions of a temporary injunction prohibiting defendant and other gang members from engaging in various activities, judgment of the court of appeals is affirmed where: 1) the court of appeals did not err in holding that Texas Civil Practice & Remedies Code section 125.065(a)(2), which permits a judge to impose reasonable requirements when enjoining criminal street gang activity, a violation of which is punishable under Penal Code section 71.021, does not violate the separation of powers doctrine; and 2) the court of appeals correctly determined that the provision of the injunction prohibiting defendant form making gang hand signs and wearing gang clothing did not violate the First Amendment and was not unconstitutionally vague.

Appellate Information

• Decided 10/06/2010
• Published 10/06/2010

Judges

• Keasler

Court

• Court of Criminal Appeals of Texas

Counsel