Grant v. State

OPINION

CARR, Justice (Assigned).

This is an appeal from a jury conviction for the misdemeanor offense of evading arrest with a sentence of 180 days in jail probated for one (1) year and a suspended fine of $300.00.

The dispositive issue this appeal presents is whether or not there is a fatal variance between the charging instrument [information] allegation and proof of the complainant’s name. We hold that article 21.07 requires the State to allege in the charging instrument the complainant’s given name when known to the State and the use of an identifier with a surname only is insufficient.1

Our…