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GARZA v. STATE

No. 01-00-00922-CR.

50 S.W.3d 559 (2001)

Leopoldo GARZA, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

April 12, 2001.

Attorney(s) appearing for the Case

Mark W. Bennett, Houston, for Appellant.

John B. Holmes, Kelly Ann Smith, Houston, for Appellee.

Panel consists of Justices COHEN, JENNINGS, and DUGGAN.

OPINION

COHEN, Justice.

A jury convicted appellant of the misdemeanor offense of discharging a firearm in a metropolitan area and assessed punishment at 15 days in jail and a $400 fine. We reverse and acquit.

Amendment of the Charging Instrument

In issue one, appellant claims the trial judge improperly amended the information the day of trial. We agree.

A. Procedural Background

The information alleged appellant

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