Court of Criminal Appeals of Texas

Arnoldo Roberto Garcia, Appellant v. the State of Texas

December 2, 19981998 Tex. Crim. App. LEXIS 160

Summary

The Court of Criminal Appeals of Texas affirmed the lower appellate court's decision that indictments alleging an offense occurred "on or about" a particular date satisfy the Sixth Amendment and Texas Constitution notice requirements. The majority held that precise dates are not a material element of the offense and that such language provides adequate notice. A dissent argued the indictments risked double jeopardy, and two concurrences offered additional commentary on notice and procedural safeguards.