Charlie Flenteroy v. State

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

ON REMAND

NO. 03-02-00624-CR

Charlie Flenteroy, Appellant

v.

The State of Texas, Appellee

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 403RD JUDICIAL DISTRICT

NO. 3013664, HONORABLE FRANK W. BRYAN, JR., JUDGE PRESIDING

M E M O R A N D U M O P I N I O N

On original submission, we noted that this appeal presented "an unusual procedural question." Flenteroy v. State, 105 S.W.3d 702, 704 (Tex. App.--Austin 2003). Appellant Flenteroy was indicted for aggravated robbery by using or exhibiting a deadly weapon, "to wit: a screwdriver." See Tex. Pen. Code Ann. §…