Martinez v. State

OPINION ON MOTION FOR REHEARING

DIES, Chief Justice.

Appellant was indicted on two forgery counts, two counts of misapplication of fiduciary property, and one felony theft count. The State agreed to dismiss the two forgery counts after one of the State’s attorneys tampered with and altered the original grand jury indictment. Appellant was convicted of both counts of misapplication and the felony theft count. On appeal, this court held the prosecutor’s misconduct rendered the entire trial void ab initio. Martinez v. State, 700 S.W.2d 27, 28 (Tex. App. — Beaumont 1985). The Court of Criminal…