Hicks v. State

OPINION

BILL VANCE, Justice.

James Hicks was convicted of and sentenced for indecency with a child. His appeal asserts a single issue for review: Are the conviction, judgment, and sentence void where the trial court dismissed the count of the indictment alleging indecency with a child prior to trial? We will answer this question “yes,” but we will affirm the judgment.

PROCEDURAL FACTS

On September 4,1996, Hicks was indicted for the offenses of sexual assault of a child (count one) and indecency with a child (count two). Tex. Pen.Code Ann. §§ 21.11(a), 22.011(a)(2) (Vernon 1994 & Supp.1999). On…