Garza v. State

OPINION

COHEN, Justice.

A jury convicted appellant of the misdemeanor offense of discharging a firearm in a metropolitan area and assessed punishment at 15 days in jail and a $400 fine. We reverse and acquit.

Amendment of the Charging Instrument

In issue one, appellant claims the trial judge improperly amended the information the day of trial. We agree.

A. Procedural Background

The information alleged appellant

on or about March 18, 2000, did then and there unlawfully recklessly discharge a firearm inside the corporate limits of a municipality, to-wit: THE CITY OF HOUSTON, having a population of at…