Court of Criminal Appeals of Texas

Michael Joe Brooks, Appellant v. the State of Texas

November 26, 19971997 Tex. Crim. App. LEXIS 94

Summary

The Court of Criminal Appeals affirmed the Court of Appeals' decision that the trial court did not err by submitting an enhancement allegation to the jury despite the indictment not being physically amended, holding that notice of an intended enhancement may be given by means other than amendment of the indictment. Justice Meyers dissented, arguing that enhancement allegations must be pled in the indictment.