Moallen v. State

OPINION ON REMAND

COHEN, Justice.

Appellant pleaded no contest to an indictment for credit card abuse, and the court, following a plea bargain agreement, assessed punishment at five years probation and a $500.00 fine. Appellant asserts seven grounds of error claiming that the indictment was fundamentally defective and that the court erred in denying her motion to quash the indictment.

On September 29, 1983, 661 S.W.2d 204, a panel of this Court delivered its opinion sustaining ground of error number five and held that the indictment was fundamentally defective because it failed to name the…