Arnoldo Roberto Garcia, Appellant v. the State of Texas

Summary

The Court of Criminal Appeals affirmed the lower courts, holding that indictments containing "on or about" dates satisfy the Sixth Amendment and Texas constitutional notice requirements and that the trial court did not err in denying the motion to quash. The majority reasoned that the date of the alleged offense is not a material element and that the purpose of the date allegation is to show compliance with the statute of limitations. A dissent argued that the identical indictments expose the appellant to double jeopardy, while concurring judges emphasized that any due‑process concerns could be remedied by a continuance and that the majority misstates the definition of adequate notice.