Cardenas v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

ODOM, Judge.

Appellant was convicted for prostitution, and punishment was assessed at 3 days in jail and a $250.00 fine. The Court of Appeals for the 14th Supreme Judicial District, relying on Art. 21.05, V.A.C.C.P., and Victory v. State, 547 S.W.2d 1, reversed and held the information was defective. Cardenas v. State, 628 S.W.2d 153. We granted the State’s petition for discretionary review to consider its sole ground for review, which may be divided into two parts:(1) The information is not fundamentally defective for failing to allege a…