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Click here for the full text of this decision FACTS:The state appeals the trial court’s order quashing the information in which appellee, Russell Goodman, was charged with violating the Texas Clean Air Act. On Jan. 25, 2005, the state filed an information and complaint alleging that on May 17, 2004, Goodman “did then and there unlawfully, intentionally[,] or knowingly cause, allow, or permit outdoor burning.” On Aug. 18, 2005, Goodman filed a motion to quash the information stating that the information failed to give him adequate notice of the charges brought against him because of the vagueness and lack of specificity in the information. On Aug. 24, 2005, the state filed a motion to amend the information, and on Sept. 14, 2005, after hearing arguments on Goodman’s motion to quash and the state’s motion to amend the information, the trial court granted the state’s motion to amend but also granted Goodman’s motion to quash on the same day. The state’s amended information alleged that Goodman intentionally or knowingly burned domestic waste. HOLDING:Affirmed. The appellant timely filed a motion to quash the information, and the state amended the information by adding to wit: “RUSSELL GOODMAN burned domestic waste at a property designed for and used exclusively as a private residence, housing not more than three families, when collection of domestic waste is not provided or authorized by the local government entity having jurisdiction, and when the waste is generated only from that property, and also burned illegal burning materials, within the State of Texas in violation of an order, permit, or exemption issued or a rule adopted under Chapter 382,[] Health and Safety Code.” The first part of the amended information fails to charge Goodman with an offense. The information alleges that Goodman “burned domestic waste at a property designed for and used exclusively as a private residence, housing not more than three families, when collection of domestic waste is not provided or authorized by the local government entity having jurisdiction, and when the waste is generated only from that property.” However, �111.209 of the administrative code states an exception for domestic waste disposal. An information or indictment which fails to allege criminal conduct is subject to being quashed. State v. Campbell, 113 S.W.3d 9 (Tex. App. Tyler 2000, pet. ref’d). Thus, the amended information fails to state facts which if proved would constitute a criminal offense. In the second part of the amended information, the state fails to state in “plain and intelligible words” what Goodman was charged with burning. Texas Code of Criminal Procedure Article 21.02(7). The information merely states that Goodman was charged with burning “illegal burning materials.” The court is unable to ascertain what materials he burned that violated one of the statutes listed in the information. The amended information merely states that the illegal burning materials do not fall within an exception provided in the administrative code and lists several statutory provisions of the code. The amended information does not tell Goodman what item the state alleges he illegally burned. By using the term “illegal burning materials,” the court cannot tell whether the state is charging Goodman with burning one item or multiple items. The court holds that the state failed to give Goodman adequate notice of the item or items that he allegedly illegally burned. OPINION:Livingston, J.; Cayce, C.J.; Livingston and McCoy, J.J.

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