Couteau v. State

Court of Appeals of Texas

Couteau v. State

649 S.W.2d 314, 1983 Tex. App. LEXIS 3938

CourtCourt of Appeals of Texas

DecidedJanuary 27, 1983

DocketNo. 13-81-006-CR (1994 CR)

StatusPublished

This text of 649 S.W.2d 314 (Couteau v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Couteau v. State, 649 S.W.2d 314, 1983 Tex. App. LEXIS 3938 (Tex. Ct. App. 1983).

Pincite

Opinion

OPINION

YOUNG, Justice.

A Nueces County jury found Clark Cou-teau guilty of delivery of cocaine. The trial court assessed punishment at imprisonment for ten years probated.

On March 10, 1978, the grand jury of Nueces County indicted appellant for delivery of cocaine. The indictment did not describe the drug any further. The appellant now complains that this method of charging was fundamental error. We agree.

Tex.Rev.Civ.Stat.Ann. Art. 4476-15 § 4.02, prior to its amendment in 1979, did not include cocaine among its list of controlled substances. But, a chemical description of cocaine did appear in the statute. The Court of Criminal Appeals has held that a charging instrument must include that description in order to properly allege an essential element of the offense. Crowl v. State, 611 S.W.2d 59, 60-61 (Tex.Cr.App.1981). Since there was no such description in this case, we must reverse.

The judgment of the trial court is reversed, and the indictment is ordered dismissed.

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