Kelley v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

MALONEY, Judge.

Frank Kelley, III, appellant, was convicted of delivery of cocaine, upon his plea of guilty to the court. The court sentenced him to twenty years confinement in the Texas Department of Justice, Institutional Division. He appealed and, in an unpublished opinion, the Court of Appeals reversed his conviction. We granted the State’s petition for discretionary review to determine whether a defendant must be granted a ten day continuance under article 28.10, V.A.C.C.P., when the court corrects the indictment to reflect the…