Court of Criminal Appeals of Texas
Arthur Garcia Sanchez, Appellant v. the State of Texas
November 12, 20032003 Tex. Crim. App. LEXIS 827
Summary
The Court held that the appellant failed to preserve his claim that the indictment omitted the required culpable mental state, rejecting the "right not recognized" doctrine as inapplicable. It also found the Court of Appeals erred in its harmless‑error analysis of the indictment defect concerning notice of statutory elements. Accordingly, the Court vacated the appellate judgment and remanded for a proper harm analysis.