Martinez v. State

OPINION

DIES, Chief Justice.

Appellant, Billy Ray Martinez, was originally charged in a five count indictment. The first two counts alleged forgery, the second two counts alleged the misapplication of fiduciary property, and the final count alleged theft. On February 20,1984, a jury was selected and sworn to hear the case. On February 21, 1984, the court learned that prior to the commencement of appellant’s trial, the prosecuting attorney requested that a deed be attached to the original indictment. A secretary in the District Attorney’s office typed “Exhibit A” on the deed (it was not in the…