Court of Criminal Appeals of Texas

Lernard Devaughn, Appellant v. the State of Texas, Appellee

April 13, 19881988 Tex. Crim. App. LEXIS 68

Summary

The Court held that for a burglary charge under Penal Code §30.02(a)(3), a defendant who timely files a motion to quash is entitled to a description of the property alleged stolen or attempted to be stolen and the name of its owner. The trial court’s denial of that motion was erroneous, so the Court vacated the appellate judgment and remanded for further analysis of the error’s impact.