Court of Criminal Appeals of Texas, 1995

State v. Flores

Court of Criminal Appeals of Texas · Decided March 22, 1995 · Maloney

896 S.W.2d 198; 1995 Tex. Crim. App. LEXIS 31; 1995 WL 118812 (South Western Reporter, Second Series)

Cases that cite this one

9 later published cases cite this decision.

WILLIAMS, JEMADARI CHINUA v. the State of Texas (Tex. Crim. App. 2024)
Eric T. Blews v. State (Tex. App. 2005)
Stadt v. State (Tex. App. 2003)
Stadt, Richard v. State (Tex. App. 2003)
Morris v. State (Tex. App. 2002)
Candy Morris v. State (Tex. App. 2002)
State v. McCoy (Tex. App. 2001)
State v. Kathleen McCoy (Tex. App. 2001)
State v. Kathleen McCoy (Tex. App. 2001)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

MALONEY, Judge.

The trial court granted appellee’s motion to quash the first paragraph of the indictment charging him with involuntary manslaughter because it failed to allege the form of intoxicant the State intended to prove at trial. The State appealed and the Court of Appeals affirmed. State v. Flores, 878 S.W.2d 651 (Tex.App.—Corpus Christi 1994). The State filed a petition for discretionary review, contending the Court of Appeals’ opinion conflicts with this Court’s opinion in Garcia v. State, 747 S.W.2d 379 (Tex.Crim. App. 1988). The State argues that Garcia distinguished involuntary manslaughter from DWI cases, indicating that the type of intoxicant need not be alleged in involuntary manslaughter cases.

We recently addressed this exact issue in Saathoff v. State, 891 S.W.2d 264 (Tex.Crim.App. 1994), reh’g denied (Jan. 25, 1995), where the State asserted the same claim as *199the State asserts in the instant case. We rejected the State’s claim, holding that an indictment alleging involuntary manslaughter under Tex.Penal Code Ann. § 19.05(a)(2), upon proper request, must allege the intoxicant the State seeks to prove. Saathoff, at 265-66. We additionally held that the distinction made in Garcia is no longer valid under the current statute. Id. at 266.

Accordingly, we summarily grant the State’s petition for discretionary review and affirm the judgment of the Court of Appeals. Saathoff, supra.

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