Guster v. State

OPINION ON APPELLANT’S MOTION FOR REHEARING

TOM G. DAVIS, Judge.

Appeal is taken from a conviction for credit card abuse. Trial was before the court upon a plea of guilty. Punishment, enhanced by a prior felony conviction, was assessed at fifteen years and one day.

Appellant urges for the first time that the indictment under which he was convicted is fundamentally defective.

In pertinent part the indictment alleges that appellant:

“. . . on or about December 14,1976 unlawfully with intent to fraudulently obtain property and services, present to Mazella Beaudoin a Exxon Company, U.S.A. credit card…