Court of Criminal Appeals of Texas

Dearl Flowers, Appellant v. the State of Texas, Appellee

September 18, 19911991 Tex. Crim. App. LEXIS 181

Summary

The Texas Court of Criminal Appeals granted the State’s petition for discretionary review and reversed the Court of Appeals’ decision that pre‑trial amendments to the indictment violated Art. 28.10(c). The Court held that adding the statutory definition of “unlawfully” and changing the alleged owner did not create a different offense nor prejudice the defendant’s substantial rights. Accordingly, the judgment of the Court of Appeals was reversed and the case remanded for further consideration of the appellant’s remaining points of error.