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A recent Texas appeals court decision calls to mind an oft-quoted remark by Albert Einstein: “Many of the things you can count, don’t count.” Commentators have speculated that he meant in science you can calculate distance, speed, time, energy, etc., but you can t count or measure love, freedom, happiness – the truly meaningful things in life. In setting aside a civil penalty judgment and an award of attorney’s fees, the appellate panel ruled that the State could not simply add up the calendar days in a more-than-ten-year span to prove that an offender continuously violated the law during that time period. Many of those days possibly don’t count.