Jeff Wingwai Ma v. State

Summary

The Fourteenth Court of Appeals of Texas affirmed, as modified, the convictions of Jeff Wingwai Ma for owning or operating an unlicensed massage establishment and a massage establishment constituting a sexually oriented business. The court held that the evidence was sufficient to establish both the sexually oriented nature of the business and Ma's ownership or operation of it. The court modified the judgments to reflect that Ma pleaded not guilty and was not sentenced pursuant to a plea bargain.

Holdings

1. The evidence was sufficient to support the finding that Traveler Spot Spa was an 'other commercial enterprise' whose primary business was offering services intended to provide sexual stimulation or sexual gratification, and therefore was a sexually oriented business under Texas Local Government Code section 243.002.
2. The evidence was sufficient to support the trial court's finding that Ma owned or operated Traveler Spot Spa.
3. The appellate court had authority to modify the judgments to accurately reflect that Ma pleaded not guilty and was not sentenced pursuant to a plea bargain, and affirmed the judgments as modified.

Questions Presented

1. Whether the evidence was sufficient to prove that Traveler Spot Spa was a sexually oriented business under the Texas Local Government Code.
2. Whether the evidence was sufficient to prove that Ma owned or operated Traveler Spot Spa.
3. Whether the appellate court could modify clerical errors in the judgments to reflect that Ma pleaded not guilty and was not sentenced pursuant to a plea bargain.

Disposition

affirmed