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Criminal Law No. 1464-01, 5/21/2003. Click here for the full text of this decision FACTS: The appellant was charged by complaint and information with misdemeanor theft. A jury found the appellant guilty and assessed her punishment at 180 days confinement, probated for two years, and a fine of $2000. The court of appeals later reversed the conviction, holding that the correction of the the appellant’s name in the complaint vitiated the complaint, thereby rendering invalid the information based upon said complaint and divesting the trial court of jurisdiction. HOLDING: Reversed and remanded. As amended in 1985, Article 5, �12(b) of the Texas Constitution provides, in part, that the presentment of an indictment or information vests the trial court with jurisdiction of the cause. However, this constitutional provision does not apply to complaints. Huynh v. State, 901 S.W.2d 480 (Tex. Crim. App. 1995). The state argues that under Aguilar v. State, 846 S.W.2d 318 (Tex. Crim. App. 1993), the amendment of a complaint no longer vitiates the complaint and the information, thereby destroying the trial court’s jurisdiction. The state’s analysis is correct. In Aguilar, one of the issues was whether a defendant can object to an information for the first time on appeal on the grounds that a conviction was based upon a defective complaint. This court held that the mere presentment of an information to a trial court invests that court with jurisdiction over the person of the defendant, regardless of any defect that might exist in the underlying complaint. Defects in complaints must now be raised before trial pursuant to the Texas Code of Criminal Procedure article 27.03; they are no longer jurisdictional in the traditional sense. In this case, the appellant did not object to the information. If the defendant does not object to a defect, error, or irregularity of form or substance in an indictment or information before the date on which the trial on the merits commences, he waives and forfeits the right to object to the defect, error, or irregularity, and he may not raise the objection on appeal or in any other post-conviction proceeding. Studer v. State, 799 S.W.2d 263 (Tex. Crim. App. 1990). By not so objecting to the information prior to trial, the appellant waived any contention that the information was defective because it was based upon a defective underlying complaint. The judgment of the court of appeals is reversed and the case is remanded to that court for resolution of the remaining points of error. OPINION: Price, J.; Keller, P.J., Meyers, Johnson, Keasler, Hervey, Holcomb and Cochran, JJ., join. Womack, J., did not participate.

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