Brian Keith Balentine v. State

OPINIÓN

DAVID GAULTNEY, Justice.

■ On original submission, this Court affirmed Brian Keith Balentine’s conviction for robbery. In addressing one of the issues, we held that the deletion of a phrase in the indictment at trial was permissible. See Balentine v. State, No. 09-09-00354-CR, 2011 WL 2732146 (Tex.App.-Beaumont July 13, 2011), rev’d by Balentine v. State, No. PD-1102-11, 2012 WL 4044895 (Tex.Crim.App. Sept. 12, 2012) (unpublished opinion). On petition for review from our decision, the Court of Criminal Appeals held that the phrase was not an alternate manner and means averment.…