Flowers v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

A jury convicted appellant of theft of oilfield equipment and assessed punishment at confinement for four years. See V.T.C.A. Penal Code, § 31.03(e)(5)(A)(ii). The Court of Appeals reversed the conviction, holding that pre-trial amendments of the indictment violated Article 28.10(c), V.A.C.C.P. Flowers v. State, 785 S.W.2d 890 (Tex.App.—El Paso 1990). We granted the State’s petition for discretionary review to address the Court of Appeals’ interpretation of Art. 28.10(c). 1

The indictment charging appellant with theft of oilfield equipment…