The State of Texas v. Christopher Franklin Bohlen--Appeal from County Court at Law No 1 of McLennan County

IN THE

TENTH COURT OF APPEALS

No. 10-04-00064-CR

No. 10-04-00065-CR

The State of Texas,

Appellant

v.

Christopher Franklin Bohlen,

Appellee

From the County Court at Law

of McLennan County, Texas

Trial Court Nos. 20033963CR1 and 20034295CR1

MEMORANDUM Opinion

This appeal concerns prosecutions for violation of an emergency protective order. See Tex. Penal Code Ann. 25.07(a) (Vernon Supp. 2004-2005); Tex. Code Crim. Proc. Ann. art. 17.292 (Vernon Supp. 2004-2005). The trial court ordered the complaints quashed and the case dismissed. The State appeals. See Tex. Code Crim. Proc. Ann. art. 44.01(a)(1) (Vernon Supp. 2004-2005); State v. Moreno, 807 S.W.2d 327, 334 (Tex. Crim. App. 1991). We reverse.

The State contends that the trial court erred in granting Bohlen s motions to quash and dismissing the case. The motions contended that the protective order did not contain findings of fact, and thus that the complaints did not show that Bohlen committed an offense. See Tex. Code Crim. Proc. Ann. art. 15.05(2) (Vernon 2005). Show as used here does not mean prove. Rather, it demands allegations that if true are sufficient to accomplish their purpose, i.e., to constitute the offense charged. 41 George E. Dix & Robert O. Dawson, Texas Practice: Criminal Practice and Procedure 19.23 (2d ed. 2001). The complaints allege that Bohlen violated a certain emergency protective order. The trial court erred in quashing the complaints and thus erred in dismissing the case. We sustain the State s issues. We reverse the trial court s orders and remand the cause for further proceedings.

TOM GRAY

Chief Justice

Before Chief Justice Gray,

Justice Vance, and

Justice Reyna

Reversed and remanded

Opinion delivered and filed June 15, 2005

Do not publish

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