From Casetext: Smarter Legal Research

Stamey v. State

Court of Appeals of Texas, Fifth District, Dallas
Nov 18, 2005
No. 05-04-01825-CR (Tex. App. Nov. 18, 2005)

Opinion

No. 05-04-01825-CR

Opinion Filed November 18, 2005. DO NOT PUBLISH. Tex.R.App.P. 47.

On Appeal from the Criminal District Court, Dallas County, Texas, Trial Court Cause No. F04-00230-KH. Affirm.

Before Justices MOSELEY, RICHTER, and LANG-MIERS.


OPINION


Sandra Null Stamey waived a jury trial and pleaded not guilty to injury to an elderly person. See Tex. Pen. Code Ann. § 22.04 (Vernon 2003). After finding appellant guilty, the trial court sentenced her to eighteen years' imprisonment. In a single issue, appellant contends her conviction must be reversed because the record contains no indictment. The State responds that appellant's point is moot because the record has been supplemented with a copy of the indictment. We agree with the State. On September 9, 2005, this Court received a supplemental clerk's record that contained a copy of the indictment, the trial court's finding that the copy is a "true and correct copy of the indictment," and the trial court's order that the copy be authenticated and substituted for the original. Appellant did not challenge the authenticity of the substituted indictment. Because the record has been supplemented with a copy of the indictment, appellant's issue is now moot. We affirm the trial court's judgment.


Summaries of

Stamey v. State

Court of Appeals of Texas, Fifth District, Dallas
Nov 18, 2005
No. 05-04-01825-CR (Tex. App. Nov. 18, 2005)
Case details for

Stamey v. State

Case Details

Full title:SANDRA NULL STAMEY, Appellant, v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Nov 18, 2005

Citations

No. 05-04-01825-CR (Tex. App. Nov. 18, 2005)