Sullivan v. State

I concur in all of the majority opinion except its conclusion that the State need not allege the intoxicant in the charging instrument for a D.W.I. case. Since our opinion in State v. Carter, 780 S.W.2d 811 (Tex.App.—Houston [14th Dist.] 1989, pet. granted), the court of criminal appeals has made its position clear that D.W.I. charging instruments which omit the requisite intoxicant are vulnerable to a timely motion to quash because they do not provide sufficient notice to the defendant. Solis v. State, 787 S.W.2d 388 (Tex.Crim.App.1990). In Solis, the court referred to its earlier decision…