Jonas Demar Jackson v. State
Jonas Demar Jackson v. State
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Do not publish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
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