Timms v. State

OPINION

ODOM, Judge.

This is an appeal from an order revoking probation wherein appellant stands convicted of criminal mischief, a third-degree felony. The punishment is imprisonment for four (4) years.

The record before us does not contain a transcription of the court reporter’s notes. No brief was filed in the trial court in appellant’s behalf pursuant to Art. 40.09, Sec. 9, Vernon’s Ann.C.C.P. Nevertheless, we review the validity of the indictment as unassigned error in the interest of justice under Art. 40.09, Sec. 13, Vernon’s Ann.C. C.P.

An indictment which fails to allege an offense was…