Can I try this case on my grand jury referral indictment, or am I required to get a reindictment instead? Below is the issue:

Sexual Assault case (15 year old girl - 1 time digital contact/penetration of female sex. organ)

I decided it would be easier to prove Indecency by Contact, so sent it back through grand jury.

Rather than reindicting the sexual assault with this offense, it was sent through as a grand jury referral. The GJ true-billed the Indecency case, and I have given the defense their 10 day notice prior to trial.

Can I try this case or do I have to send the sexual assault through as a reindictment, and hope that the defense will waive the 10 days (this is going to trial on Sept 5th)?

I don't see where the defendant is harmed here, and procedurally I'm not getting why it matters if it's a reindictment or a grand jury referral as long as a grand jury has returned with an Indictment on the case I want to try.

What do you think?

Thanks!

I am lost. What is a "grand jury referral" and what do you mean by "reindicting the sexual assault with this offense"? I think indecency is probably a lesser included offense of sexual assault and therefore would be alleged by an allegation of penetration to begin with (hard to penetrate without engaging in sexual contact).

Martin, that is a procedure we use here in Dallas. I've never run across anyone else that does it. Elaine, check your email.