Cada, Frankie Lee

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. PD-0754-10 FRANKIE LEE CADA, Appellant v. THE STATE OF TEXAS ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW FROM THE SEVENTH COURT OF APPEALS HALE COUNTY C OCHRAN, J., delivered the opinion of the unanimous Court. OPINION We granted review of this retaliation case to determine whether a variance between the indictment allegation of one statutory element–the description of the complainant as “a witness”–is material when the proof shows that the complainant was either a “prospective witness” or “an informant”–two different statutory elements.1 The…