Castro v. State
Castro v. State
Opinion of the Court
OPINION
Jesse Castro was charged with the offense of driving while intoxicated
By point one, appellant contends the trial court lacked jurisdiction to convict him because there was no information presented by “the attorney for the State,” as required by the Texas Constitution. By his second point, appellant contends the trial court lacked jurisdiction because there was no valid complaint upon which an information could be based.
Each of appellant’s points complain about an imprecise designation of the attorneys who swore to the complaint and filed the information. The complaint accompanying
A defect in an indictment or information, whether it be of form or substance, is considered waived if it is not objected to prior to the commencement of trial. Tex. Code Crim. Proc. Ann. art. 1.14 (Vernon Supp. 1998); Studer v. State, 799 S.W.2d 263, 268 (Tex.Crim.App. 1990). So long as the instrument presented to the trial court meets the constitutional requirements of a charging instrument, a party may not complain about any other defects for the first time on appeal, as such defects are not considered jurisdictional. See Duron v. State, 956 S.W.2d 547, 549-51 (Tex.Crim.App. 1997). To comprise an indictment or information within the meaning provided by the constitution, an instrument must charge: (1) a person; (2) with the commission of an offense with enough clarity to be- able to identify the statute under which the State intends to prosecute. Id. (citing Cook v. State, 902 S.W.2d 471, 476 (Tex.Crim.App. 1995)). “The presentment of an indictment or information vests the court with jurisdiction of the cause.” Tex. Const. art. V § 12.
The information in the instant case specifically charged “Jesse Castro” with the offense of operating a motor vehicle while intoxicated. As such, it satisfied the two basic constitutional requirements set out in Duron and Cook for a charging instrument necessary to vest the court with jurisdiction. Any other complaints regarding the indictment, whether of form or substance, needed to be leveled before trial commenced.
We need not specify whether defects in the complaint and the information raised by appellant are substantive or formal; we merely note that they are not such as would deprive the trial court of jurisdiction to render judgment upon their presentment. We hold, therefore, that appellant has waived each of his complaints. Points of error one and two are overruled.
The judgment of the trial court is affirmed.
. Tex. Penal Code Ann. § 49.04 (Vernon 1994).
. This section lists a group of counties which elect "criminal district attomey[s].” Tex. Gov’t Code Ann. § 44.001 (Vernon 1988). Cameron County is not among the group.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.