Court of Criminal Appeals of Texas

In a prosecution of defendant for aggravated sexual assault of a child, the court of appeals' conclusion that the state's amendment to the indictment had the effect of reducing the charge to the second-degree offense of sexual assault, and that defendant's sentence was therefore illegal in setting aside the conviction is reversed as the court of appeals erred in vacating the trial court's judgment, because the state's request to amend the indictment and the trial court's granting that request did not serve to amend the indictment where alterations were made solely to the written judicial confession, and therefore, defendant's sentence was authorized.

Appellate Information

• Decided 09/22/2010
• Published 09/22/2010

Judges

• Price

Court

• Court of Criminal Appeals of Texas

Counsel