Court of Criminal Appeals of Texas

Babaturde Rasheed Olurebi, Appellant v. the State of Texas, Appellee

February 2, 1994870 S.W.2d 58

Summary

The Texas Court of Criminal Appeals vacated the conviction and sentence, holding that a “fictitious credit card” under Tex. Penal Code §32.31(b)(2) includes both a card not issued by the purported owner and a card issued to a nonexistent cardholder, and that the indictment failed to give the defendant adequate notice of this term, requiring a quash. The court also affirmed that the evidence was sufficient to support the jury’s finding of guilt.