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eBook details

• Title: State Texas v. Homer Carter
• Author : Supreme Court Of Utah
• Release Date : January 11, 1991
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 56 KB

Description

Appellee, Homer Carter, was charged by information with driving while intoxicated. Tex. Rev. Civ. Stat. art. 6701l-1(b). He subsequently filed a timely motion to quash the information on the ground it failed to provide adequate notice of the offense charged. After a hearing, the trial court granted appellees motion and dismissed the information. The State appealed the trial courts ruling under Tex. Crim. Pro. Code art. 44.01(a)(1), and the Fourteenth Court of Appeals reversed, holding that the information was sufficient but only insofar as it "put appellee on notice that the state was proceeding under the alcohol-concentration definition of intoxication in the statute." State v. Carter, 780 S.W.2d 811, 813 (Tex.App. -- Houston [14th Dist.] 1989). We granted the States and appellees petitions for discretionary review, pursuant to Tex. R. App. Pro. 200(c)(3), in order to determine whether the information met, to any degree, the notice requirement of Article 1, ? 10, of the Texas Constitution. We will reverse the judgment of the court of appeals.

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