Jones v. State

OPINION

TEAGUE, Judge.

This is an appeal from an order of the trial court revoking appellant’s probation which had been imposed after conviction for the offense of burglary of a building, as alleged in an information.

At the outset, we are confronted with fundamental error that is contained in the original charging instrument, an information, which requires review in the interest of justice. Art. 40.09, Sec. 13, V.A.C. C.P. See also Kulhanek v. State, 587 S.W.2d 424 (Tex.Cr.App.1979).

Appellant waived indictment by a grand jury and pled guilty to a felony information which fails to allege that it…