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Kassem v. State

The municipal court did not abuse its discretion by denying Wael Kassem's motion to quash the indictment for failure to obey a traffic-control device, because the language of the complaint tracked the language of the statute. Houston's 1st Court of Appeals, No. 01-07-00463-CR

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OPINION

Appellant, Wael Kassem, appeals a conviction for failure to obey a traffic control device. See Tex. Trans. Code Ann. § 544.004 (Vernon 1999). Kassem pleaded not guilty in the municipal court. The jury found him guilty and assessed his punishment at a $200 fine. Appellant filed a motion for new trial and appealed to the County Criminal Court at Law, which affirmed his conviction. See Tex. Gov’t Code Ann. § 30.00014(a) (Vernon Supp. 2007). Appellant now appeals to this Court. In three issues, appellant contends (1) the municipal court erred by denying appellant’s Batson motion, (2) the municipal court erred by denying his motion to quash the complaint, and (3) the evidence is legally and factually insufficient to support the verdict. We conclude that the County Criminal Court at Law erred (1) by holding that appellant did not make a prima facie case under Batson v. Kentucky,*fn1 and (2) by holding that appellant’s legal and factual sufficiency challenges were waived. We reverse and remand to the County Criminal Court at Law.

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