Abelardo Rodriguez v. State Texas

Appellant was convicted by a jury of the misdemeanor offense of evading arrest. V.T.C.A. Penal Code ? 38.04. The jury also assessed punishment at six months imprisonment and a $750 fine, both of which were probated. On direct appeal, the court of appeals reversed appellants conviction and ordered the information to be dismissed. Rodriguez v. State, 737 S.W.2d 120 (Tex.App. - San Antonio 1987). We granted the State Prosecuting Attorneys petition for discretionary review which presented two interrelated grounds for review, to wit: whether the court of appeals erred in reversing the conviction for a defective information when appellant failed to object to the defect prior to trial, and whether the court of appeals erred in following Jackson v. State, 718 S.W.2d 724 (Tex.Cr.App. 1986), thereby failing to recognize that the amendments to Art. V, ? 12, of the Texas Constitution, and Art. 1.14, V.A.C.C.P., require an affirmance of the conviction.