State v. Goldsberry

OPINION

O’CONNOR, Justice.

The State appeals the trial court’s granting of a motion to quash indictment filed by Michael Dean Goldsberry, the appellee. We reverse.

Procedural Background

The State charged the appellee with the offense of abuse of official capacity. The appellee filed two motions to quash. One motion raised the argument that the indictment did not give the appellee adequate notice of the charged offense. The second motion raised the argument that Section 39.02(a)(2) of the Penal Code is unconstitutional on its face.

The parties presented arguments on both motions at a pretrial…