Hess v. State

OPINION

ODOM, Judge.

Appellant was convicted for theft of a credit card. Upon appellant’s plea of nolo contendere to the primary count, the State waived two counts alleging prior convictions for purposes of enhancement. Punishment was assessed at two years.

At the outset we are confronted with fundamental unassigned error requiring consideration in the interest of justice. Art. 40.09(13), V.A.C.C.P.

The primary count of the indictment utterly fails to allege the date of the offense. The count of the indictment upon which the conviction is predicated reads:

“And the Grand Jury aforesaid do further…