Jesse Lavon Rochelle v. State Texas

Appellant was convicted by a jury of forgery. V.T.C.A. Penal Code ? 32.21. The jury also assessed punishment, enhanced by two prior convictions for forgery, at 85 years imprisonment. See V.T.C.A. Penal Code ? 12.42(d). Appellant raised two points of error on direct appeal, contending the evidence was insufficient to support his conviction and that the indictment was fatally defective. The court of appeals sustained both these points of error, reversed the trial courts judgment, and dismissed the prosecution under the indictment. Rochelle v. State, 737 S.W.2d 843 (Tex.App. - Dallas 1987). We originally granted the States petition for discretionary review to address one issue: whether the court of appeals erred "in considering the alleged indictment defect on appeal because appellant failed to file a pre-trial motion to quash." Appellant, however, claims that the State waived this issue. We will also address appellants claim.