McHenry v. State

OPINION ON REMAND

BAKER, Justice.

On original submission, we affirmed appellant’s conviction for conspiracy to possess a controlled substance. See McHenry v. State, 823 S.W.2d 667 (Tex.App.—Dallas 1991), rev’d, 829 S.W.2d 803 (Tex.Crim.App.1992). In doing so, we rejected appellant’s argument that the court’s order amending the indictment was not effective to amend the original indictment. McHenry, 823 S.W.2d at 671. We also held that the evidence was sufficient for the jury to find the elements of the offense beyond a reasonable doubt. McHenry, 823 S.W.2d at 672.

Appellant petitioned the Texas…