SABINE - > 816 S.W.2d 784 1991 O.S.H.D(CCH P 29,491 Court...

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> 816 S.W.2d 784 1991 O.S.H.D. (CCH) P 29,491 Court of Appeals of Texas, Austin. SABINE CONSOLIDATED, INC., Appellant, v. The STATE of Texas, Appellee. Joseph TANTILLO, Appellant, v. The STATE of Texas, Appellee. Nos. 3-87-051-CR, 3-87-055-CR. Aug. 28, 1991. Corporation and its president were convicted in the County Court at Law No. 1, Travis County, Leslie D. Taylor, J., of criminally negligent homicide, following death of employees when walls of trench collapsed. On appeal, the Third Court of Appeals, > 756 S.W.2d 865, reversed, and State petitioned for discretionary review. The Court of Criminal Appeals, > 806 S.W.2d 553, Baird, J., reversed and remanded. On remand, the Court of Appeals, Carroll, C.J., held that: (1) Texas Occupational Disease Act is not unconstitutionally vague; (2) information was sufficient; and (3) statute imposing liability on corporate agents is not unconstitutionally vague. Affirmed. Ken Oden, , Co. Atty., Alia Moses, Asst. Co. Atty., Austin, for appellee. Before CARROLL, C.J., and JONES and SMITH, JJ. CARROLL, Chief Justice. After the trial court denied their pretrial motions, appellants pleaded nolo contendere to the charge of criminally negligent homicide, a class A misdemeanor. See > Tex.Pen.Code Ann. § 19.07 (1989). The trial court accepted the pleas, found both appellants guilty, and then assessed punishment, fining Sabine Consolidated, Inc. $10,000 and Joseph Tantillo $2,000 and sentencing Tantillo to 180 days' confinement. We will affirm the trial court's judgments. BACKGROUND In September 1985, two construction workers employed by Sabine Consolidated, Inc., a construction company, were killed when the trench they were working in collapsed. Joseph Tantillo was president of Sabine at the time. The State filed complaints and informations charging Sabine and Tantillo with criminally negligent homicide. The State asserted essentially that appellants failed to adequately shore and slope the trench, which caused the workers' deaths. Sabine was charged with causing the death of one of the workers, and Tantillo was charged with causing the death of the other. As part of a plea agreement, the parties "tried" the cases solely on appellants' pretrial motions. The trial court denied the motions, and appellants agreed to plead "no contest" to the charges while expressly reserving their right to appeal the denial of their motions. The trial court accepted the pleas and found both appellants guilty. Sabine and Tantillo appealed to this court, challenging the trial court's disposition of their pretrial motions. On our first review of these cases, we reversed the trial court's judgments based on our conclusion that the Federal Occupational Safety and Health Act of 1970 (OSHA), > 29 U.S.C.A. §§ 651-> 678 (1985), preempts state criminal prosecutions based on the violation of state or local standards for working conditions. > Sabine Consolidated, Inc. v. State, 756 S.W.2d 865, 869 (Tex.App.1988).
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This note was uploaded on 09/30/2011 for the course EMGT 5130 taught by Professor Jeong during the Fall '11 term at UH Clear Lake.

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SABINE - > 816 S.W.2d 784 1991 O.S.H.D(CCH P 29,491 Court...

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