State v. David Chardin

CARL E.F. DALLY, Justice (Retired).

The State appeals from the trial court’s order dismissing an information. The information alleged that appellee, as a second offender, operated a motor vehicle in a public place while intoxicated, a misdemeanor offense. See Tex. Penal Code Ann. §§ 49.04, .09 (West Supp.2000). However, the information included an additional paragraph alleging that “as a direct result of the defendant committing the said offense, another person, Arthur Pulido, suffered serious bodily injury.” Appellant argues that this additional paragraph resulted in the allegation of a…