Second Court of Appeals

Summaries of Civil Opinions and Published Criminal Opinions Issued - Week of November 8, 2021.

NOTE: Summaries are prepared by the court's staff attorneys and law clerks for public information only and reflect his or her interpretation alone of the facts and legal issues. The summaries are not part of the court's opinion in the case and should not be cited to, quoted, or relied upon as the opinion of the court.

Links to full text of opinions (PDF version) can be accessed by clicking the cause number.

Wood v. State, No. 02-19-00460-CR (Nov. 10, 2021) (Sudderth, C.J., joined by Bassel and Womack, JJ.).

Held:  Appellant’s unlawful-possession indictment alleged that he possessed weapons before the fifth anniversary of his release from confinement, but the evidence at trial indicated that he possessed the weapons before the fifth anniversary of his release from parole supervision. Because the indictment alleged one statutory timeframe element (release from confinement) and the evidence at trial proved another (release from parole supervision), the variance between the indictment and the evidence was material, and the evidence was insufficient to support Appellant’s convictions.