Ricky Lee Young v. The State of Texas--Appeal from 252nd District Court of Jefferson County

State: Texas

Court: Texas Northern District Court

Docket No: 10-04-00208-CR

Case Date: 12/07/2005

Plaintiff: Beard, Jr., William Edward

Defendant: The State of Texas--Appeal from County Criminal Court No. 4 of Dallas County

Preview:Ricky Lee Young v. The State of Texas--Appeal from 252nd District Court of Jefferson County
IN THE TENTH COURT OF APPEALS

No. 10-04-00208-CR Ricky Lee Young, Appellant v. The State of Texas, Appellee

From the 252nd District Court Jefferson County, Texas Trial Court No. 90688 MEMORANDUM Opinion

The court convicted Ricky Lee Young in a bench trial of violating a magistrate s protective order by assaulting the person protected by the order. Young pleaded true to an enhancement allegation, and the court sentenced him to fourteen years imprisonment. Young contends in his sole point that the court erred by permitting the State to amend his indictment on the day of trial. We will affirm. The indictment presented by the grand jury alleged in pertinent part that the protective order which Young allegedly violated had been issued by the Domestic Relations Court of Jefferson County, Texas, Criminal District Court in Cause Number 2003183858. A copy of the protective order was attached to the indictment as Exhibit A. When the State read the indictment at the commencement of Young s trial, the State announced mid-indictment that it was abandoning the phrase Domestic Relations Court of. Young did not object. An indictment may be amended at trial if the defendant does not object. Tex. Code Crim. Proc. Ann. art. 28.10(b) (Vernon 1989). Because Young failed to object to the State s alteration[1] of the indictment, he has failed to preserve this issue for appellate review. See id.; Tex. R. App. P. 33.1(a)(1); State v. Murk, 815 S.W.2d 556, 558 (Tex. Crim. App. 1991); Hoitt v. State, 30 S.W.3d 670, 674 (Tex. App. Texarkana 2000, pet. ref d). Accordingly, we overrule Young s sole issue and affirm the judgment. FELIPE REYNA Justice
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Before Chief Justice Gray, Justice Vance, and Justice Reyna Affirmed Opinion delivered and filed December 7, 2005 Do not publish [CR25]

[1] Because this issue is not preserved, we need not reach the question of whether the alteration of the indictment was an amendment or an abandonment of surplusage.

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