Clinton v. State

OPINION

Opinion by

Chief Justice MORRISS.

Katherine Clinton admits that she attempted to purchase cigarettes with the debit card of another person. Her resulting conviction for credit or debit card abuse was based on an indictment charging that Clinton “used” the debit card but omitting any allegation that she “presented” the card. Clinton’s appeal of her conviction centers on that wording of the indictment. Clinton argues that, because the State proved only that she “presented” the debit card, the evidence is legally and factually insufficient to support a conclusion that she “used” it. We…