Grant v. State

The majority opinion betrays a complete and utter misunderstanding of the most fundamental tenet of criminal jurisprudence, namely that due process is violated when an indictment alleges one offense but the State proves another. Ward v. State, 829 S.W.2d 787, 794 (Tex.Cr.App.1992). In light of this misunderstanding, the majority states: “This ease does not involve a ‘variance’ of any type ...” Ante at 22.1 Instead, the majority frames the issue in the context of a defective charging instrument, see, Studer v. State, 799 S.W.2d 263 (Tex.Cr.App.1990), and holds that because appellant did not…