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
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.