Ramirez v. State, 1464-01.
| Court | Court of Appeals of Texas. Court of Criminal Appeals of Texas |
| Citation | 105 S.W.3d 628 |
| Docket Number | No. 1464-01.,1464-01. |
| Parties | Leticia Mariaca RAMIREZ, Appellant, v. The STATE of Texas. |
| Decision Date | 21 May 2003 |
v.
The STATE of Texas.
Sten M. Langsjoen, Tyler, for appellant.
Jeffrey L. Van Horn, First Assist. St. Att., Matthew Paul, State's Attorney, Austin, for state.
PRICE, J., delivered the opinion of the Court in which KELLER, P.J., MEYERS, JOHNSON, KEASLER, HERVEY, HOLCOMB, and COCHRAN, J.J., joined.
The appellant was charged by complaint and information with misdemeanor theft. A jury found the appellant guilty and assessed her punishment at 180 days confinement, probated for two years, and a fine of $2000. The Twelfth Court of Appeals later reversed the conviction, holding that the correction of the appellant's name
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in the complaint vitiated the complaint, thereby rendering invalid the information based upon said complaint and divesting the trial court of jurisdiction. Ramirez v. State, No. 12-00-00220-CR (Tex.App.-Tyler June 20, 2001) (not designated for publication). We disagree.
We granted the State's petition for discretionary review to determine whether an amendment to a complaint that underlies an information will operate to vitiate the complaint and divest the trial court of jurisdiction.1
In December of 1999, the appellant was arrested outside a Tyler grocery store and was accused of removing groceries from the store without paying. The appellant was charged by complaint and information with misdemeanor theft under the name Leticia Martinez Ramirez. The appellant appeared at the arraignment and her attorney advised the trial court that the name the appellant was charged under was in error. The appellant testified that she was Leticia Mariaca Ramirez, not Leticia Martinez Ramirez.
The State moved to amend the complaint and the information, and the appellant objected. The appellant filed a motion to dismiss the complaint based on the fact that her name was incorrectly set out. The trial court denied the motion to dismiss stating that, since the first and last name were correct, it would allow the State to amend. The State amended the complaint, and the case proceeded to trial.
The appellant was convicted by a jury of theft. The Court of Appeals reversed the judgment of the trial court and remanded the cause to the trial court with instructions to enter an order granting the appellant's motion to dismiss. Ibid.
Before 1985, this Court held that invalid complaints and informations constitute fundamental jurisdictional error, which may be...
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