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Member |
So can we amend a Complaint on an appeal from a JP Court? I know it's the only charging instrument I have to have, and I know it's de novo... so I don't know why not, but I'm afraid I'm missing something... | ||
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Member |
Look at Nam Hoai Le v. State 963 S.W.2d 838. The charging instrument that matters on a de novo JP appeal is the information that you file, and amend as necessary, with the County Court. If the Defendant did not object to a defective complaint at the JP/Muni level, or if they plead guilty/nolo without a formal complaint being filed, then they have waived any defects in the complaint. You just file an information along with the original complaint the same as with any other class A or B misdemeanor, and you can amend it as much as you want. | |||
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Member |
The State is explicitly authorized to move to amend a complaint in the county court before the trial de novo begins. Tex. Code Crim. Proc. Ann. art. 44.181(b) (Vernon 2006). In a case being appealed from a justice or municipal court, a county court is permitted to dismiss the case because of a defect in the complaint only if the defendant objected to the defect in the lower court. Tex. Code Crim. Proc. Ann. art. 44.181(a) (emphasis added). | |||
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Thanks, ya'll. I did amend the complaint and filed an information off of it. Looks like I'm in good shape, and am pleased to know the authority that supports what I did. | |||
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