Aguilar v. State

I disagree with the proposition that a defective complaint has no effect on the validity of an information. We recently held:... our state constitution assigns the law making function to the Legislature while assigning the law interpreting function to the Judiciary.

Boykin v. State, 818 S.W.2d 782, 785 (Tex.Cr.App.1991) (emphasis in original). Because Texas Constitution art. 5, § 12 and Tex.Code Crim.Proc.Ann. art. 1.14 do not address complaints, I dissent to the legislative efforts of the majority.

I

The facts are not in dispute. A complaint was filed charging appellant with driving while…