Cada, Frankie Lee

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. PD-0754-10

FRANKIE LEE CADA, Appellant

v.

THE STATE OF TEXAS

ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

FROM THE SEVENTH COURT OF APPEALS

HALE COUNTY

O P I N I O N

We granted review of this retaliation case to determine whether a variance between the indictment allegation of one statutory element-the description of the complainant as "a witness"-is material when the proof shows that the complainant was either a "prospective witness" or "an informant"-two different statutory elements. (1) The court of appeals decided that this variance was immaterial…