The trial court permitted the deletion of a phrase, "and causing Robert Rhodes['s] hand to be sprained during the resisting," in the indictment during trial. The phrase was needlessly pleaded and, under the circumstances presented, the unnecessary language could be abandoned by the state. The defendant received sufficient notice of the offense charged and was not surprised or misled. The deletion was not material and did not prejudice the defendant's substantial rights. The trial court's judgment is affirmed. Beaumont Court of Appeals, No. 09-09-00354-CR, 02-20-2013.
Balentine v. State
Tex. App. Dist. 9
February 26, 2013
This article requires premium access
This article requires premium access to Texas Lawyer. Please sign in or subscribe to read the full text.