Opinion

Grettenberg v. State

  • 790 S.W.2d 613
  • 1990 Tex. Crim. App. LEXIS 74
  • 1990 WL 59246
Court
Court of Criminal Appeals of Texas
Filed
May 9, 1990
Status
Published
Author
Clinton
On the bench
Campbell, Clinton, Teague, Miller, Sturns
Cited by
50 cases
Authority
More cited than 7.6%

holding defendant gained adequate notice from a former indictment

How later courts described this case

  • holding defendant gained adequate notice from a former indictment
  • although the State abandoned the portion of the two-count indictment containing the deadly weapon allegation, the prosecution’s facts were so interrelated that the abandonment of one count did not vitiate notice given under the original indictment
  • accused is only entitled to notice, in some form, that use of deadly weapon will be a fact issue at trial
  • election by State to pursue one count of indictment over other does not vitiate notice given in indictment’s original form

Written by the judges who cited it.

Distinguished

  • Distinguished by Charlie Flenteroy v. State (2003)

    The Grettenberg and Beck cases are distinguishable from the instant
    Texas Court of Appeals, 3rd District (Austin)Apr 17, 2003Read it

The opinion

CLINTON, J.,

dissents for the reason decision cannot be justified under nor reconciled with Luken v. State, 780 S.W.2d 264, at 266 .

MILLER, J., dissents.

STURNS, J., not participating.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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