Moallen v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

CAMPBELL, Judge.

Appellant was convicted of credit card abuse pursuant to V.T.C.A. Penal Code, Sec. 32.31(b)(2). Upon her plea of nolo contendere, she received a five year probated sentence and a fine of five hundred dollars. By agreement it was understood, however, that she would have the right to appeal the trial court’s denial of her motion to quash the indictment.

On appeal, the Houston Court of Appeals for the First Supreme Judicial District reversed appellant’s conviction, finding the indictment fundamentally defective, and ordered…