Hicks v. State

OPINION ON REHEARING

James Hicks was convicted of and sentenced for indecency with a child. His appeal asserts a single issue for review: Are the conviction, judgment, and sentence void where the trial court had dismissed the count of the indictment alleging indecency with a child prior to trial? We will answer this question “yes.”

PROCEDURAL FACTS On September 4,1996, Hicks was indicted for the offenses of sexual assault of a child (count one) and indecency with a child (count two). Tex Pen.Code Ann. §§ 21.11(a), 22.011(a)(2) (Vernon 1994 & Supp.1999). On October 2, 1997, the court entered an…