William David Hollis v. The State of Texas--Appeal from County Court at Law No 2 of McLennan County

IN THE

TENTH COURT OF APPEALS

No. 10-94-039-CR

WILLIAM DAVID HOLLIS,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From the County Court at Law No. 2

McLennan County, Texas

Trial Court # 920692CR2

O P I N I O N

On April 10, 1992, William Hollis pleaded guilty to misdemeanor theft, and the court assessed punishment of ninety days in the county jail and a $1,500 fine, probating the jail term and $1,250 of the fine for twelve months. See Tex. Penal Code Ann. 31.03(a), (e)(2)(A) (Vernon 1989 & Supp. 1994). The State moved to revoke his probation in September, but the hearing on the motion was not held until January 1994. After finding that the State's allegations were true, the court revoked Hollis' probation and sentenced him to ninety days in jail and a $1,500 fine. Hollis brings one point of error, asserting that his conviction is void because the information failed to allege an essential element of the offense a defect in the substance of the charging instrument. See Studer v. State, 799 S.W.2d 263, 268 (Tex. Crim. App. 1990). Because he failed to object to the defect before the day of trial, he cannot raise the complaint in this court. See Tex. Const. art. V, 12; Tex. Code Crim. Proc. Ann. art. 1.14(b) (Vernon Supp. 1994); Studer, 799 S.W.2d at 273. Thus, his sole point of error is overruled and the judgment affirmed.

BOB L. THOMAS

Chief Justice

Before Chief Justice Thomas,

Justice Cummings, and

Justice Vance

Affirmed

Opinion delivered and filed November 9, 1994

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