Aguilar v. State

OPINION

OSBORN, Chief Justice.

This is an appeal from a conviction for driving while intoxicated. The jury assessed punishment at confinement in the county jail for two years and a fine of $2,000.00. We reverse.

Point of Error No. One asserts that the conviction is void because the information is founded upon a fatally defective underlying complaint. Tex.Code Crim.Pro. Ann. art. 21.22 (Vernon 1989). In this case, the body of the complaint alleged an offense date of March 5, 1988, “before the making and filing of this complaint”. The jurat, however, reflected that the complaint was sworn on…