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 §30.02(a)(3), a defendant who timely files a motion to quash is entitled to notice of the specific property alleged stolen and the owner's name, and that the trial court's denial of that motion was error requiring vacatur of the Court of Appeals' judgment and remand for further analysis. Justice Teague, in a partial concurrence/dissent, agreed with the notice requirement but argued the error was harmless and should not be remanded.