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Miller v. State

Appellant first argues that the trial court erred by failing to quash the August 2008 indictment because it does not allege an offense in clear and intelligible terms. Because Appellant's appellate argument concerning the indictment does not comport with the objections and arguments he made in the trial court, appellant has not preserved his first point for appellate review. Therefore, the Fort Worth Court of Appeals overruled his first point. Fort Worth Court of Appeals, Nos. 2-09-167-CR, 2-09-168-CR & 2-09-169-CR, 09-03-2010

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OPINION

I. Introduction

On October 23, 2006, a jury adjudged Appellant Wesley Wayne Miller to be a violent sexual predator, making him subject to a civil commitment order. By three separate indictments filed in August and December 2008, a grand jury indicted Appellant for the third degree felonies of violating his civil commitment order.*fn1 Appellant filed motions to quash each of the indictments, and he pleaded guilty to each offense after the trial court denied the motions to quash. In two points, Appellant argues that the trial court erred by failing to quash the August 2008 indictment in Cause Number 1112197D because it does not allege an offense in clear and intelligible terms and by failing to quash the December 2008 indictments in Cause Numbers 1139006D and 1139010D because they do not allege offenses against the law. We affirm in part and vacate and remand in part.

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