Court of Criminal Appeals of Texas

Daniel Joe Eastep, Appellant v. the State of Texas

February 5, 19971997 Tex. Crim. App. LEXIS 8

Summary

The Court of Criminal Appeals affirmed the judgment of the Court of Appeals, holding that the State's deletion of nine appropriations from the indictment was an abandonment, not an amendment, and therefore Article 28.10 notice requirements and a harmless‑error analysis did not apply. The Court clarified the distinction between amendment and abandonment and affirmed the conviction.