Mike Ortega, Appellant v. the State of Texas, Appellee

Summary

The Court of Criminal Appeals of Texas reversed Mike Ortega's conviction for credit‑card abuse, holding that the State failed to prove beyond a reasonable doubt that Ortega intended to fraudulently obtain services, an element essential to the charged offense. The Court also held that the indictment's reference to "and services" was a necessary descriptive element of the culpability requirement and therefore could not be treated as surplusage.