Aguilar v. State

Today the majority presents yet another “Son of Studer.”

Studer v. State, 799 S.W.2d 263 (Tex.Cr.App.1990), stands for the proposition that although an “information” which fails to allege necessary .matters the Legislature has duly prescribed is facially “substantively defective,” nonetheless “[o]nce presented to the trial court ‘by an attorney for the State’ the trial court obtained jurisdiction of the cause” solely because the accused “failed to make any pre-trial objection to the substance error in the information.” Id., at 273. In other words, a trial judge may hail to court, try, convict…