Sanchez v. State

in which KELLER, P.J., and MEYERS, PRICE, JOHNSON, KEASLER, HOLCOMB, and COCHRAN, JJ.,

joined.

This case presents the issue, whether the doctrine of a “right not recognized” permits a defendant to complain for the first time on appeal that the charging instrument failed to allege the required culpable mental state. We hold that it does not.

We first must discuss the procedural history of this case. The appellant originally was charged with official oppression under Penal Code section 39.03(a)(3), (c). The appellant filed a motion to quash the indictment, which the trial court granted in part and…