League v. State

716 S.W.2d 112, 1986 Tex. App. LEXIS 8655
CourtCourt of Appeals of Texas
DecidedAugust 1, 1986
DocketNo. 05-85-01233-CR
StatusPublished
Cited by2 cases

This text of 716 S.W.2d 112 (League 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.

Bluebook
League v. State, 716 S.W.2d 112, 1986 Tex. App. LEXIS 8655 (Tex. Ct. App. 1986).

Opinion

HOLLINGSWORTH, Justice.

Kenneth Riley League appeals his conviction for reckless driving. Punishment was assessed at 90 days’ confinement and a $350 fine, probated for 6 months. In two grounds of error appellant asserts that: first, “reck driving” is not a crime and therefore his conviction is invalid; and second, he could not defend himself since he had no way to determine with what offense he was being charged. We agree that there is no offense in Texas designated “reck driving.” We hold, however, that appellant was both charged with and convicted of “reckless driving.”1 For the reasons set out below, we reform the trial court’s judgment and remand the cause for resentencing.

Article 6701d, section 51, of the Texas Revised Civil Statutes is entitled “Reckless driving.” It states:

Sec. 51. (a) Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.
(b) Every person convicted of reckless driving shall be punished upon such conviction by a fine of not more than Two Hundred Dollars ($200), or by imprisonment in the county jail for a period of not more than thirty (30) days, or by both such fine and imprisonment.

An information which tracks the statute and sets forth the offense in ordinary and concise language so as to enable an appellant to understand the particular offense with which he is charged is sufficient to both charge an offense and provide notice of that offense. Ward v. State, 642 S.W.2d 782, 783-84 (Tex.Crim.App.1982). Here, both the information charging appellant and its supporting affidavit substantially track the statute. In their bodies, they formally charge appellant with:

knowingly and intentionally, operating] a motor vehicle upon a public roadway in mllful and wanton disregard for the safety of persons and property, to-wit: the automobile and persons of John G. Ross and Barbara Ross, by trying to force said automobile of John G. Ross, which said John G. Ross was driving and in which Barbara Ross was a passenger, from the roadway[.] [Emphasis added.]

Accordingly, they are sufficient to charge appellant with “reckless driving” and provide him notice thereof. Appellant’s two grounds of error are overruled.

Appellant does not attack the formal allegations of the information or affidavit. Rather, he challenges the notations appearing at the top of these instruments. Both the information charging appellant and its supporting affidavit were prepared using printed forms. At the top of both of these forms is the following information:

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Bluebook (online)
716 S.W.2d 112, 1986 Tex. App. LEXIS 8655, Counsel Stack Legal Research, https://law.counselstack.com/opinion/league-v-state-texapp-1986.