Jonas Demar Jackson v. State

• Court: Court of Appeals of Texas
• Decided: January 24, 2007
• Docket: 10-06-00270-CR
• Status: Published

Opinion

IN THE

TENTH COURT OF APPEALS

 

No. 10-06-00270-CR

Jonas Demar Jackson,

                                                                      Appellant

 v.

The State of Texas,

                                                                      Appellee

From the 54th District Court

McLennan County, Texas

Trial Court No. 2006-357-C

MEMORANDUM  Opinion

          Appellant has filed a withdrawal of his notice of appeal under Rule of Appellate Procedure 42.2(a).  See Tex. R. App. P. 42.2(a); McClain v. State, 17 S.W.3d 310, 311 (Tex. App.CWaco 2000, no pet.) (per curiam).  We have not issued a decision in this appeal.  Appellant personally signed the withdrawal.  The Clerk of this Court has sent a duplicate copy to the trial court clerk.  Id.  Accordingly, the appeal is dismissed.

PER CURIAM

Before Chief Justice Gray,

Justice Vance, and

Justice Reyna

Appeal dismissed

Opinion delivered and filed January 24, 2007

Do not publish

[CRPM]

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(a) After notice to the defendant, a matter of form or substance in an indictment or information may be amended at any time before the date the trial on the merits commences. On the request of the defendant, the court shall allow the defendant not less than 10 days, or a shorter period if requested by the defendant, to respond to the amended indictment or information.

* * *

(c) An indictment or information may not be amended over the defendant's objection as to form or substance if the amended indictment or information charges the defendant with an additional or different offense or if the substantial rights of the defendant are prejudiced.

TEX. CODE CRIM. PROC. ANN. art. 28.10 (Vernon 1989). Here, the indictment was amended more than sixty days prior to trial, and Appellant had ample time to respond. Furthermore, both the original and the amended indictments charged Appellant with the same offense, involuntary manslaughter, i.e., "recklessly [causing] the death of an individual, Baby Girl Van." See TEX. PENAL CODE ANN. § 19.05(a)(1) (Vernon 1989). The amended indictment merely alleged with more specificity the act Appellant was charged with recklessly committing. Point three is overruled.

All points have been overruled. The judgment is affirmed.

BOB L. THOMAS

DO NOT PUBLISHChief Justice