Talamantez v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

CLINTON, Judge.

Appellant, a County Commissioner from Wilson County, was convicted of the offense of official misconduct of the grade of third degree felony under V.T.C.A. Penal Code, § 39.01(a)(2), (c)(4). His punishment was assessed at four years confinement, probated for six years, and a fine of $5,000.00. In an unpublished opinion, the San Antonio Court of Appeals reversed, holding that the trial court erred in failing to grant appellant’s motion to quash the indictment on the grounds of duplicity in each of two paragraphs of the first…